Gujarat High Court Rejects PIL Challenging AMC's Circular Mandating 'No Vaccine-No Entry' To Public Places

The Gujarat High Court today rejected a Public Interest Litigation (PIL) plea challenging a circular issued by the Ahmedabad Municipal Corporation denying entry to/in certain public places to those who have not received both the doses of COVID Vaccine.

The Bench of Justice J. B. Pardiwala and Justice Niral R. Mehta at the outset observed thus:

"We hail the decision/circular of the Ahmedabad Municipal Corporation. The decision has been taken in public interests to ensure that COVID doesn't spread further. The state of Gujarat is Vigilant. We don't want to take any chances."

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Gujarat High Court REJECTS a PIL Plea filed agaisnt the circular issued by the Ahmedabad Municipal Corporation (@AmdavadAMC) denying entry to those people (to certain public places) who have not taken both the doses of COVID-vaccine. #GujaratHighCourt#COVID19 pic.twitter.com/mV5c26YcUV

— Live Law (@LiveLawIndia) December 17, 2021

Essentially, the AMC has issued a circular wherein it has been stated that the Corporation has launched a grand vaccination campaign, and that entry to certain public places (zonal offices, zoos, AMTC, BRTS, Sabarmati riverfront, swimming pool, library, sports complex, etc) would be allowed to the public after checking their COVID Vaccination. 

It was the contention of the counsel for the petitioners, Aum Kotwal that when the vaccination is in itself voluntary and the Government of India has submitted the same before the Supreme Court as well, then this decision of the AMC amounts to forceful vaccination. 

It was the further contention of the Counsel that AMC doesn't have the power to issue such a circular (which forces people to get vaccinated) and that the High Court of Meghalaya has held that mandatory or forceful vaccination does not find any force in law, to which the Court observed thus:

"Every time one should not go in search of the powers. Do you (lawyer) have the power to fight against the Omicron? Ignore it, Meghalaya is very small, the state of Gujarat is vigilant. Stop going to swimming pools for some days or else, get yourself vaccinated."

Further, rejecting the plea, the Court hailed the decision of the AMC to create this awareness amongst the people at large and take all necessary steps to ensure that the people don't have to face the wrath of the third wave in the form of Omicron.

Lastly, the Court also added thus:

"These 4 petitioners are putting 6 crore people at risk. Why should such people come to the High Court? Very unfortunate. We could have put a cost on them. We expect Gujarat Citizens not to come to High Court with such flimsy pleas. Even if some action, order or circular is without the jurisdiction or not in accordance with the law, a writ court, in the exercise of its extraordinary jurisdiction can always decline to interfere in the larger public interest. We may clarify that we do not agree with the submission of the counsel that the circular is without any authroity of Law."