Bombay High Court
Dhruti Kapadia And Anr vs The Union Of India And 3 Ors on 19 May, 2021
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
5-PILL-9228-2021
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO. 9228 OF 2021
Dhruti Kapadia & Anr. .. Petitioners
Versus
The Union of India & Ors. .. Respondents
Ms. Dhruti Kapadia, Petitioner-in-person.
Mr. Anil C. Singh, ASG with Mr. Advait Sethna i/by Ms. Anusha
P. Amin for respondent No.1.
Smt. Purnima Kantharia, G.P. with Ms. Geeta Shastri, Addl.
G.P. for State.
Ms. K. H. Mastakar for MCGM.
Mr. Ahijit Kulkarni for Pune Municipal Corporation.
C0RAM : DIPANKAR DATTA, CJ &
G. S. KULKARNI, J.
DATE : MAY 19, 2021
PC :
1. In terms of our orders dated April 22, 2021 and May 12 & 13, 2021, the Central Government was required to place before us its decision in regard to vaccination of senior citizens and disabled persons who are not in a position to attend the vaccination centres for vaccination.
2. A note has been placed before us on behalf of the Central Government. It contains at Annexure "C", an order dated May 14, 2021 constituting an Expert Committee to discuss door to door vaccination for elderly and disabled citizens and at 1 ::: Uploaded on - 19/05/2021 ::: Downloaded on - 19/05/2021 23:06:29 ::: 5-PILL-9228-2021 Annexure "D", the minutes of meeting dated May 15, 2021 of the Expert Committee.
3. Mr. Singh, learned ASG appearing for the Central Government has placed heavy reliance on such minutes and has submitted that the Standard Operating Procedure for vaccination of elderly and disabled citizens being under consideration, no order ought to be passed at this stage.
4. Our attention has been drawn by Ms. Kapadia, the first petitioner appearing in person, to page 22 of the PIL petition. It is a newspaper report purporting to quote Shri Suresh Kakani, Additional Municipal Commissioner (Health), Bombay Municipal Corporation (hereafter "the Corporation", for short), that had the Central Government allowed door to door vaccination, nearly 1.5 lakh people in Mumbai who are old and bedridden or handicapped could have been vaccinated.
5. Ms. Kapadia has also contended that no valid reason has been assigned by the Expert Committee for not introducing door to door vaccination policy for the elderly and disabled citizens who cannot be taken to the vaccination centres.
6. We have heard Ms. Kapadia and Mr. Singh at some length. We have read the minutes of the meeting dated May 15, 2021.
7. Our order on the rival contentions in regard to justifiability of the decision taken by the Expert Committee, contained in the minutes of meeting dated May 15, 2021, is reserved.
2 ::: Uploaded on - 19/05/2021 ::: Downloaded on - 19/05/2021 23:06:29 :::5-PILL-9228-2021
8. Although newspaper reports, which are hearsay, are not admissible in evidence unless the veracity of its contents are proved by the maker of the statement or report, we are of the view that the Corporation ought to make its stand clear. We request the Municipal Commissioner or the Additional Municipal Commissioner of the Corporation to apprise us whether disinclination of the Central Government to formulate door to door vaccination policy for elderly and disabled citizens notwithstanding, the Corporation is prepared to introduce door to door vaccination for such citizens and undertake measures for their vaccination upon making them aware of the after- effects/consequences, under proper medical care and upon obtaining consent of either such citizens (if they are in a position to accord such consent) or their near relatives, for being vaccinated in pursuance of the order of this Court.
9. List the PIL petition tomorrow, i.e., May 20, 2021, at 2.00 p.m. once again for further consideration.
(G. S. KULKARNI, J.) (CHIEF JUSTICE) 3 ::: Uploaded on - 19/05/2021 ::: Downloaded on - 19/05/2021 23:06:29 :::