Synopsis: In a plea seeking permission for lawyers to be included as essential service providers allowed to use the Mumbai local trains in the midst of the pandemic, the Court passed the order.
On Friday, the Bombay High Court Bench comprising Chief Justice Dipankar Dutta and Justice GS Kulkarni heard PILs requesting the inclusion of lawyers in the list of essential service providers permitted to travel on local trains in Mumbai in the midst of the Maharashtra COVID-19 pandemic.
The Court has confirmed that, on an experimental basis, lawyers from the Metropolitan Region of Mumbai may be permitted to use local trains from Mumbai for a week. The Court added that in its order, which is yet to be released, that specific guidance will be stated on this matter.
In a previous hearing, on a pilot basis, the Court had approved the use of local trains by lawyers seeking to appear physically before the Principal Bench of the High Court.
During the hearings held on Friday, the Court explained that, in the interests of all people and not just lawyers, they are hearing this petition. In order to prevent overcrowding of trains at a fixed time of day, the Court recommended that the State consider staggered timings for all the job sectors that have now been opened up.
The Court also ordered the State to think about the long term while taking decisions relating to travelling through local trains by the citizens.
In order to ensure efficient execution, the Bench has instructed Advocate General Ashutosh Kumbhakoni to ensure that ministerial level interference occurs when it comes to making these policies. A recommendation was also made to include all stakeholders that will be affected by the final decision on policy and to consider holistic solutions.
On Friday, Advocate General Kumbhakoni expressed concern that people did not strictly comply with the basic state guidelines, including the preservation of social distance and the wearing of masks. He added that the State was prepared to increase the number of trains required to accommodate the increasing number of employees who would have to travel for work in sectors opened during the phase-by-phase lifting of the lockdown at COVID-19.
The State, however, has not taken such measures so far since it attempted not to over-burden its medical care facilities.
“The State served its people as parens patriae,” Advocate General Kumbhakoni said.
The Court reminded the AG that if they conclude that citizens do not obey the rules, it is the duty of the State to enforce strictness.
Senior Advocate Dr Milind Sathe, Advocates AM Saraogi and A Anturkar pointed out that private cars and taxis were currently used by lawyers attending trials, which was proving to be expensive. The counsels went on to argue that, if all lawyers chose to travel by rail, the traffic accompanying the use of train services will not be as expected by the State.
The Chief Justice eventually recommended that the State consider the implementation of regulations similar to those provided for the use of the facilities of the Kolkata Metro. He added that they could come up with ideas if both departments were to work together.
It is expected that the matter will be listed next week in order, for the Court to review the findings of the one-week experiment.