[COVID-19] Gujarat High Court upholds compulsory vaccination policy of Ahmedabad Municipal Corporation

The Gujarat High Court has upheld a notification issued by the Ahmedabad Municipal Corporation which made it mandatory to be fully vaccinated with two doses of either of the Covid vaccines, to enter a host of public spaces and facilities under its jurisdiction. .A Bench of Justices JB Pardiwala and Niral R Mehta pronounced its order in a Public Interest Litigation (PIL) petition which challenged the September notification, which made entry to facilities like the Sabarmati RiverFront, the city bus service, the zoo etc. conditional on being fully vaccinated against the coronavirus. "We expect the citizens of the State of Gujarat not to come to this High Court with such flimsy writ applications in public interest. None of the citizens should interfere when it comes to management of COVID-19 pandemic.On the contrary, as law abiding citizens, we expect them to extend full co-operation to the authorities. One should not forget the worst of the nightmares given by the Covid-19 continuously for a period of two years," the order stated. .While rejecting the plea, the Court also cautioned the citizens of Gujarat regarding the risks that are still posed by Covid-19 and appealed to all citizens to get both shots of the vaccine."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 booster," the Court said in its order..The Court pulled up the petitioners for filing such a petition that could endanger the public at large and even remarked that it would be justified in imposing costs."You four petitioners are putting 6 crores at risk ... Why should such people even come to the High Court? Very unfortunate, we could have imposed costs," Justice Pardiwala orally remarked after rejecting the PIL..The petitioners, claiming to be public spirited persons, had approached the High Court questioning the legality and validity of the circular issued by the corporation.They alleged that the corporation's move is beyond its authority and pointed out that the Union government had said that vaccination is voluntary. The counsel for the Ahmedabad Municipal Corporation however, countered the claims by citing the impending third wave and the emergence of new variants of the coronavirus. The Court was of the view that it should not entertain the PIL, in the larger public interest, and thereby rejected the same in limine. It hailed the corporation's move to ensure the safety of the public at large by ensuring that citizens don't "face the wrath" of the Omicron variant.The Court, therefore, rejected the petition with a fervent call to citizens to get themselves fully vaccinated. Advocates Aum M Kotwal and Shree Kotwal appeared for the petitioners while Additional Solicitor General Devang Vyas appeared for Union of India. Advocates Gursharan Virk and Simranjitsingh H Virk appeared for the Ahmedabad Municipal Corporation. .Compulsory Vaccination for COVID-19: Legal Possibility or Violation of Fundamental Rights?.[Read Order]