[Covid Vaccination] Like captain of Titanic, judiciary should get at the end: Bombay High Court

A plea seeking priority COVID vaccination for judges, lawyers and their staff witnessed an unselfish stance by Bombay High Court Chief Justice Dipankar Datta who said that it would not be appropriate for legal fraternity to seek precedence when there are others equally at risk. .The Court also opined that the executive would be in the best position to decide who should be vaccinated on priority. ."Why should we only think of the lawyers, judges only? Why not the staff of private organisation? You are asking us to hold that judges should be vaccinated first because we are frontline workers? Why not ask for people who are picking up garbage outside your work? What happens when someone does not survive. Survival is more important. This is a very selfish of you," Justice Datta told the petitioners. .The Court further drew comparisons between judiciary and the captain of a ship hinting that the captain is saved last in the event of a catastrophe. ."Have you seen Titanic? Do you remember the captain of the ship? You remember what he did. He was the last one. I am the captain here. First everyone else gets, then the judiciary gets," Justice Datta said. .The Court was hearing a petition filed by two Mumbai based advocates Vaishnavi Gholave and Yogesh Morbale seeking COVID-19 vaccination on priority basis for members of the judiciary, advocates and their staff..The petitioners stated that they were compelled to approach the Court aggrieved by the "ignorance and negligence" of the Central and State governments to declare members of the legal fraternity as 'frontline workers'..Currently, vaccination is available only for front line workers like medical staff and for those above 60 years of age or those above 45 with co-morbidities.The plea said that majority of High Court judges being above 45 years are at risk of contracting COVID-19 which would impact justice dispensation..When it came up for hearing today, the Court was of the opinion that it is a matter of policy decision. It also observed that the first vaccine was administered only in February. "Not even a month has passed. This is after all a policy decision. And we have certain international obligations, hence we are donating it," the Court said. .The Court also lauded the executive for doing a "great job". "Have faith in the executive. We have to wear masks, we have to take all precautionary measures. The executive has done a wonderful job, you must thank them," said Justice Datta. .Advocate Yashdeep Deshmukh, representing the petitioners submitted that judges and lawyers have been working through pandemic specifically citing the example of legal aid lawyers who, he claimed, worked through the lockdown. .He requested the Court to seek a response from the government. ."You are asking for mandamus from the judiciary for protection of judiciary," the Court quipped. .Interestingly, Additional Solicitor General Anil Singh highlighted that similar matters are pending in other High Courts as well and one of the vaccine manufacturers, Bharat Biotech has filed an application before the Supreme Court for transferring all the such cases to the Supreme Court..The Delhi High Court had, in fact registered a suo motu case on this issue saying there is weight to the Bar's claim to declare persons associated with judicial functioning as frontline workers..In the light of the ASG's submissions, the Bombay High Court said that it will not give any opinion on the issue for the time being. ."What is the requirement of showing what comes under co-morbidity. Now a days anyone can get a letter from the doctors. We will give our opinion only if there is something amiss in the policy. So there you can assist us in the next week," the Court said while posting the case for further hearing on March 17. .The Court also opined that if and when the government decides for vaccination of legal fraternity, then lawyers working in the legal services authority must be considered first.