Incase you cannot access the above pdf, download the order here : https://drive.google.com/file/d/1JLWJaoCRVwbgvkL8WYjq-3tmQl7ed52_/view?usp=drivesdk
Important section of the order where the Chief Justice mentions that all restrictions which the State of Maharashtra imposed in the wake of the Covid-19 pandemic were illegal :
In our order dated 22nd February 2022, we had in no
uncertain terms observed that the previous orders of the
State Government imposing restrictions on user of public transport had no sanction of law and that in keeping with the
improving situation, it would be eminently desirable if the
Committee takes a decision which would effectively put a
quietus to the issues raised in the PIL petitions. The hope and
trust reposed by us in the Committee that it would take a
decision, which is reasonable and not in derogation of the
Fundamental Rights of the citizens guaranteed by Article
19(1)(d), stand belied. We were utterly mistaken. The
Committee, instead of respecting the observations that were
made in the order dated 22nd February 2022, has once again
insisted on only those who are vaccinated to avail public
transport despite the fact that presently in Mumbai and its
adjoining areas almost every activity is being performed as in
the pre-pandemic days and normalcy has been restored in fair
measure. In hindsight, we feel that having regard to the gross
violations of the Disaster Management Act, 2005 (hereafter
“the Act”, for short) and the rules framed thereunder in
imposing restrictions since 10th August 2021, it would have
been appropriate if we had struck down the further orders
passed in the name of the State Government post August,
2021 by the Chief Secretary, Government of Maharashtra in
exercise of our suo motu powers instead of, in accordance
with judicial discipline, permitting the Committee to take a
fresh decision. This decision of the Committee, in the
circumstances, is unexpected to say the least.
Rejoinder was filed in reply to Affidavit by UoI dated 23.11.22
