Adv Prashant Bhushan tells SC the affidavit by govt was filed this morning.
justice LN Rao-- do you not want us to read the affidavit? What's this?
Bhushan-- there are vaccine mandates in various states. Maharashtra has said unvaccinated will stay under lockdown. Delhi has said govt servants cannot come to office unvaccinated. Other states also have restrictions.
J. Rao-- if there are such mandates you can challenge them specifically
Bhushan-- the center in an RTI reply has said there is no mandate for vaccine.
SC-- we can't hear the matter now because we don't have the Center's affidavit
Bhushan-- we have submitted the MP, Maharashtra, Delhi mandates.
SC-- if you want to challenge the mandates you can file application. We will consider if we can hear the issue.
Bhushan-- the law declared by this court is that there is no mandate
SC-- if you're challenging the state mandates shouldn't the state be heard? We follow a federal structure. Can we set aside mandate issued by a state without hearing them?
Bring those orders and we will hear.
Bhushan-- the US court of appeals has struck down vaccine mandates where private employers were directed to ensure mandatory vaccination. Meghalaya HC has also said you cannot bar opening of shops etc
SC-- if you look at the decision of the US fifth Circuit court that matter has been sent up to the 6th circuit court. They will hear the matter later.
SG Tushar mehta-- any attempt by a vested interest groups which will result in vaccine hesitancy may be avoided. Crores of people are protecting themselves are faced with this minority of People who are objecting
Anything said even orally will have severe adverse effects.
SC-- all we have said is bring some specific instances. In abstract we can't hear anything.
SG-- I'm saying your lordships should not allow anyone to say something
SC-- we don't want there to be any vaccine hesitancy, but his concerns have to be heard.
5/37 - Jacob Puliyel Vs UOI
