The Gujarat High Court upheld a notice issued by the Ahmedabad Municipal Corporation that made it mandatory to be completely vaccinated with two doses of both Covid antibodies in order to enter a large group of public spaces and offices within its ward.
A two-judge bench, Justice JB Pardiwala and Justice Niral R Mehta, articulated its request in a Public Interest Litigation (PIL) appeal that tested the September warning, which restricted access to offices such as the Sabarmati RiverFront, the city transport administration, the zoo, and others from being completely vaccinated against the Covid.
“In the public interest, we expect citizens of Gujarat to not come to this High Court with such flimsy petition applications.” When it comes to managing the COVID-19 pandemic, no citizens should get involved. On the contrary, we expect them to cooperate fully with authorities as law-abiding citizens. The worst of the nightmares delivered by the Covid-19 for two years should not be forgotten,” the order stated.
The Court also issued a warning to Gujarat residents about the risks posed by Covid-19, urging everyone to get both shots of the vaccine while the case was being understood.
“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 a booster,” the Court said in its order.
The Court admonished the petitioners for filing such an appeal, which could endanger people in general, and surprisingly stated that it would be justified in monumental costs.
“You four petitioners are putting 6 crores in danger… Why should such people even appear in front of the High Court? “We could have imposed costs,” Justice Pardiwala said after dismissing the PIL.
The petitioners asked the High Court to investigate the circular’s legal implications and legitimacy.
They claimed that the corporation’s move exceeded its authority and drew attention to the fact that the Union government had stated that inoculation is willful.
The Ahmedabad Municipal Corporation’s counsel responded to the cases by referring to the approaching third wave and the development of new Covid variations.
In the larger public interest, the Court decided not to engage the PIL, and subsequently dismissed a similar in limine petition.
It applauded the corporation’s decision to safeguard the public’s well-being by ensuring that residents do not “face the wrath” of the Omicron variation.
As a result, the Court denied the request while emphasising the importance of residents becoming fully immunised.
The petitioners were represented by lawyers Aum M Kotwal and Shree Kotwal, while the Union of India was represented by Additional Solicitor General Devang Vyas. The Ahmedabad Municipal Corporation was represented by lawyers Gursharan Virk and Simranjitsingh H Virk.