Bombay High Court to Hear Petition for Resuming the Operation of Local Train Services

Must Read

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court...

Follow us

A batch of Public Interest Litigation’s was filed in the Bombay High Court by the members of the Bar Council of Maharashtra and Goa to include the members of the legal fraternity in the category of “essential services” and to allow them to use local trains. The Court directed that in light of the reopening of the majority of other services, the State ought to consider resuming train services.

Background

A batch of PILs was filed in the Bombay High Court by Chirag Chanani, Sagar Sahani, Nitin Patil, and Ashley Kusher requesting the Court to include members of the legal profession and their registered clerks in the category of “essential services”. The petitioners also prayed for the members of the legal fraternity to be allowed to utilize the local train services. In the previous hearing held on 15th September, the Court had allowed a limited number of lawyers to use the train services on an experimental basis.

Respondents Submissions

The Union of India (Respondent No. 1) placed a chart reflecting the number of suburban Electric Multiple Units operated by the Central & Western Railway before the imposition of lockdown and from June 2020 to October 2020 (“the Chart”) before the Court. Respondent No. 1 also submitted that the frequency of the local trains could be further increased if such a representation has been made by the State Government.

The Counsel for the State presented video clips before the Court to show that social distancing norms are not being followed in local trains. It has been submitted that many people who are availing the train services currently have fraudulently obtained passes and hence an increase in the frequency would not be prudent.

Courts Observation’s

After reviewing the charts submitted by the respondents, the Court observed that there was a gradual increase in the number of trains from June 2020 onwards.

The Court also clarified that in addition to considering the plea to allow members of the legal fraternity, the Court would also consider including the staff of other sectors who are interested in availing the train services. With the initiation of the “Unlock 5 – Mission Begin Again”, it is necessary to expand the concern expressed in these petitions in light of the hardships & inconveniences faced by the members of all professions.

The Court was of the prima facie view that an increase in the frequency of the local train services could be a reasonable step to cater to the needs of persons utilizing the train services. This, however, would be subject to strict social distancing norms.

Court’s Directions

The Court directed the government pleader appearing for the State to obtain instructions concerning an increase in the frequency of the local train services to 700 daily as against the present 512 and 431 in the Western and Central Railway respectively along with a proportionate increase in harbour line.

The Court further observed that since the State has gradually opened up offices, hotels, malls, restaurants, etc., there ought to be a corresponding view with respect to the operation of local train services. Moreover, overcrowding can be managed to a large extent if the frequency of local trains is increased.

The Court requested the Bar Associations at Mumbai, Thane, Palghar, and Raigad to submit an approximate number of members from the legal professions willing to attend physical hearings, so that the State agrees to increase the frequency. In addition, the Court requested the Counsel for State to obtain instructions in this matter and scheduled the next hearing for tomorrow, i.e. 9th October 2020.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

More Articles Like This

- Advertisement -