Approach battle against COVID-19 like a surgical strike: Bombay High Court tells Central government

COVID-19 is our common enemy and our approach against it should be like a surgical strike, the Bombay High Court told the Central government on Wednesday while hearing the plea seeking door-to-door COVID-19 vaccination for citizens above 75 years of age and those who are specially-abled or bed-ridden..The Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was informed by Advocate Dhruti Kapadia, petitioner in person, that several state governments in India and municipal corporations in Maharashtra had initiated door-to-door vaccination for their citizens without waiting for a policy from the Centre. She submitted that centres in Kerala, Jammu & Kashmir, Orissa and Bihar were conducting door-to-door vaccination and had come up with their own guidelines and procedures to be followed.She added that within the State, Vasai-Virar Municipal Corporation was carrying out door-to-door vaccination..Appreciating the efforts of such centres, CJ Datta asked why the Centre could not come up with a similar policy."You have taken a decision for 'near to door vaccination'. You have agreed that COVID is a common enemy and we have to strike it down. The enemy is residing in specific areas, in people who may be carrying the virus but cannot come out. Your approach to this battle should be like a surgical strike. You must strike the enemy!" CJ Datta remarked..While seeking a response to Kapadia's submissions, the Court directed Additional Solicitor General Anil Singh to ask the Centre's experts to study the models used in these centres, and come up with a uniform policy."So many states are doing this... why not make it uniform for all states? This is a decision to be taken by expert bodies, as we are no experts. What is your response to the Kerala notification? It is in public domain. Gather information from these states and come up with something," CJ Datta said. CJ Datta also appealed to the Centre to think about the sentiments of not just bed-ridden people, but also their family members. He said, "We see that decisions are being taken by the Centre for the public interest, but they are delayed. If decisions could have been taken earlier, lives could have been saved.".The Court expressed its disappointment at the manner in which Brihanmumbai Municipal Corporation (BMC) "failed to live upto their expectations" for conducting door-to-door vaccinations. BMC had informed the Court that while it was willing to implement door-to-door vaccination, it was waiting for the Centre to come up with a policy."We are saying you are the model for the entire country. We are appreciating your efforts. You are saying you can do it...Did Kerala wait for Centre's approval?"The Court also noted from the documents that BMC had applied to the Central government for permission to conduct door-to-door vaccination even before the Court had considered the petition..This apart, BMC was asked find out how a senior politician of the State was vaccinated at his house in Mumbai at the inception of the vaccination drive."Who did it? State or Corporation? Either the defence can be that it was a different injection? Or you had nothing to do with it. But a senior politician got it. If it is selective, then we have to come down hard. It cannot be selective," CJ Datta added..After hearing Kapadia's suggestions and perusing the data submitted to it, the Court granted time to the lawyers to come up with answers to the queries put to them. "Considering the situation in the country, if door-to-door vaccination has happened in South, North, Far East, then why not in West?" CJ Datta mused. The matter has been posted for hearing on Friday..The Bench had recently received a response from the Union Health Ministry that as per the recommendation of the National Expert Group on Vaccine Administration for COVID-19 (NEGVAC), near-to-door vaccination would be a more viable method than door-to-door vaccination..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.