[COVID-19] Life of interim orders to end on October 11 for Maharashtra, Goa except 5 districts: Bombay High Court

The Bombay High Court has extended life of interim orders passed by the High Court as well as subordinate courts and tribunals for entire Maharashtra and Goa till October 11, 2021 except for 5 districts in Maharashtra (Court on its own motion - Suo-Motu PIL 1 of 2021)..The Full Bench of Chief Justice Dipankar Dutta and Justices AA Sayed, SS Shinde and PB Varale clarified that for 5 districts which are Osmanabad, Ratnagiri, Pune, Satara and Ahmednagar, the interim protection is extended till October 21, 2021 and post that will be reconsidered by the Bench. .The orders came to be passed in the suo motu petition initiated on the extension of protection to those who are unable to access justice because of the restricted functioning of the courts due to COVID-19 pandemic..The Court had on April 16, 2021 directed that interim orders passed by itself as well as subordinate courts and tribunals that fall under its jurisdiction shall stand extended till May 7, 2021, which was then extended till August 31, 2021.Due to possibility of third wave "knocking at the doors", the orders were extended till September 30, 2021 but the issue was kept open for reconsideration.In the last hearing, the Court clarified that they are extending interim orders till October 8, 2021, but also said that the orders will not be extended beyond that unless compelling reasons exist. .On Friday, the Advocate General (AG) Ashutosh Kumbhakoni submitted a chart to the court depicting the test positivity rate and the number of vaccinations conducted in the State. He said that about 91% of the population had its first vaccination, and even though the positivity rate was increasing, it was not worrisome.He requested the Court to vacate the interim order as normalcy had returned. .Advocate Uday Warunjikar for the Bar association opposed such vacation of orders stating that even though more than 90% were vaccinated, they were not fully vaccinated and hence not entitled to travel in public transport. He also stated that the 5 districts has more number of COVID cases than the rest of Maharashtra combined. .Considering there was a slight increase in positivity rate and the festivities were round the corner, the Court deemed it fit to continue the interim protection. Justice Shinde remarked that if 70% of the population is vaccinated, then the remaining 30% can sustain in light of the herd immunity. .AG interjected stating that at least Mumbai ought to be bifurcated from the rest of the State considering there were rising complaints against illegal constructions, and stalled infrastructure projects due to protection Those were required to be taken care of at the earliest, AG pleaded. .For the vaccination percentages, CJ Datta opined that in the previous order when the Court had indicated that they will be no further extensions, it was expected from the citizens to have taken measures to ensure they are fully vaccinated to be eligible for travel."It is not like there is dearth of vaccines. People who have not taken vaccines are hesitant. People who wanted vaccines, have already taken vaccinations," he said. .In light of the submissions made by both counsel, the Court deemed it fit to pass a segregated order, clarifying that except the 5 districts where lockdown has been imposed, the interim orders will stand vacated from October 12, 2021.