[COVID] Fresh PIL in Bombay High Court against restrictions on unvaccinated; seeks prosecution of CM Uddhav Thackeray

The Bombay High Court issued notice to the Maharashtra government in a public interest litigation (PIL) petition questioning the validity of the Standard Operating Procedure (SOP) issued by the State on March 1 continuing the restrictions against citizens who are not fully vaccinated against COVID-19 from travelling in public transport and accessing public places. .The petitioner, Feroze Mithiborwala, besides challenging the SOP also sought prosecution of Maharashtra Chief Minister Uddhav Thackeray and other officials for various offences under the Indian Penal Code (IPC). A Bench of Chief Justice Dipankar Datta and Justice MS Karnik sought the response of the State government in the matter.This is the second PIL filed by Mithiborwala highlighting the issue.The Court had disposed of his first PIL expressing anguish about the State's decision but had declined to interfere with the same. .In the new petition filed through advocate Abhishek Mishra, Mithiborwala raised the following grievances:That the State government through the order under challenge is making vaccination compulsory to avail benefits and facilities and hence people have been compelled to take vaccines for availing those benefits, especially since the policy is that vaccination is voluntary;That as per provisions of the National Disaster Management Plan and Disaster Management Act the Central Health Ministry is authorised to issue directions and this 'forceful vaccination' is against the Centre's stand;That the Indian Council of Medical Research and the World Health Organization have clarified that there is no evidence to show that the vaccinated persons spread less infection and hence the classification between the vaccinated and unvaccinated is arbitrary and unconstitutional;That mask mandates are unscientific and unnecessary as the Central government has stated wearing of masks is not mandatory. .The PIL has sought the following reliefs:Quashing of the SOPs on the ground that the same are illegal, arbitrary and unconstitutional as per Article 14, 19 and 21 of the Constitution of India;Hold that the acts of the Chief Minister Uddhav Thackeray are illegal and liable to be prosecuted under provisions of the Indian Penal Code (IPC);Direct State to pay interim compensation of ₹5 crores to the petitioner for alleged violation of fundamental and constitutional rights of the petitioner and to recover the amount from guilty officials like former Chief Secretary Sitaram Kunte and others;Call upon the State authorities to return the fine (of about ₹120 crores) collected from citizens on the basis of the unlawful mandators and recover the 50 percent commission given to clean up marshals by Brihanmumbai Municipal Corporation (BMC).