Sunday, October 2, 2022

Supreme Court upheld Gujarat High Court decision on Covid Vaccination

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On Monday, the Bench of Justice D.Y.Chandrachud and Justice Surya Kant uphold the observations of Division Bench of Gujarat High Court, wherein the importance of getting vaccinated with two doses as a protective measure was elucidated in these pandemic times.  The pleas was heard by the 2 judges bench of apex court comprises of quashing the order of Municipal corporation wherein prohibition from entering into complex/building was imposed by Municipal Commissioner, Ahmedabad without showing the vaccination certificate and  also staying the mass vaccination drive which was being carried out by Municipal Corporation of Ahmedabad. 

Justice D.Y. Chandrachud made observation that vaccination is essential for the people. Each single dose of covid vaccination is beneficial for each of us. 

It is beneficial for you as well, submits J. D.Y. Chandrachud.

J. Chandrachud asks the counsel of Nishant Babubhai Prajapati about the circular issued by Ahemdabad Municipal Corporation whether the implementation of such directions issued through circular has been done or not?

To which, the Petitioner submits – circular is still existing and enforced, mylord. 

J. Chandrachud asked the counsel – Why your client has not been vaccinated yet?

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Aum kotwal, appearing for Nishant qua Petitioner submits that there is no such  authority in law which coerce people to get vaccinated. 

The other question put forth by Justice Surya Kant to Petitioner that why is he against vaccination drive?

‘There are adverse reactions of vaccination, Mylord’, replies the Petitioner. 

J. Chandrachud submits – Every vaccination has benefit.  

‘We should not exercise our power under Article 136, submits J. Chandrachud.

Further counsel of Petitioner submits that only state government vests with such power and not the municipal corporation. Kindly pass direction to the Gujarat Government.

DYC – Why would we do that, mr. Counsel? 

Petitioner -There is no authority for municipal commissioner to issue such kind of circular. 

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The special leave petition  filed by Nishant Babubhai Prajapati against Ahemdabad Municipal Corporation, and Gujarat Government seeking quashing of the Circular dated 17.09.2021 issued by Municipal Commissioner, Ahmedabad Municipal Corporation wherein specific instructions were given to all head departments including Zonal Office, in pursuant to  carrying out of mass vaccination drive that they are supposed to examine the veracity of Covid Vaccination Certificate of such people before allowing them the entry in such buildings/complexes/places. 

Ld. J.B. Pardiwala and J. Niral R.Mehta opined in para 9 of its judgment that ‘None of the citizens should interfere at this crucial stage when it comes to administration with respect to management of Covid-19 pandemic. On the contrary, as law abiding citizens, we expect them to extend full co-operation to the authorities. One should not forget the worst of the nightmares given by the Covid-19 continuously for a period of two years.’

The Division Bench of Gujarat High Court appealed to citizens of Gujarat to  get themselves vaccinated, if not yet done till date. 

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‘We take this opportunity of making a fervent appeal to all the citizens of the State of Gujarat to get themselves vaccinated, if not yet till this date. It is very essential to get vaccinated with two doses as prescribed to protect themselves from the threat of Covid-19, more particularly the new variant, namely, Omicron. It’s time for people to take the third dose of booster.’ Observed in interest and welfare of people of Gujarat. 

The second portion/direction of the circular issued by Municipal Commissioner, Ahmedabad Municipal Corporation speaks as :

‘From 20.09.2021, Monday, necessary arrangements will have to be made if the persons above the age of 18 years, who are eligible for vaccination and who have not yet taken the first dose of the vaccine, as well as those who are eligible for taking the second dose but have not yet taken the same, they should be given admission at the above places only after proper verification of their documents. Moreover, those visitors/citizens who have not yet taken any dose of the vaccine, they should not be allowed to enter.’

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The writ Petition filed by Nishant Babubhai Prajapati sought for quashing of circular no. 31 dated 17.09.2021 issued and also sought for stay of such orders passed in the circular no. 31 dated 17.09.2021.

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