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Do we have powers of judicial review in health matters? Bombay High Court in pleas against restrictions on unvaccinated persons

The Court told Ojha to bring forth authorities which show the blatant arbitrariness of the circulars issued by the State.

“The State has taken a policy decision which they are entitled to take for the general public and as parens patriae they have a duty. There could be a wiser policy, sounder policy. But would that be a ground to say that the state’s policy should be interfered with?”

The Bench asked Ojha to show the Bench that the policy decision does not show reasonable classification, that no reasonable person would act on the order of the State, and to sum up “shock the conscience of the Court by showing the arbitrariness of the order of the State”.

“You have to show authorities, we cannot go by feeling. One may feel it (vaccination) is necessary, one may not feel it necessary. But you show authorities based on which these decisions can be challenged,” the Bench said before adjourning the hearing to next week.

Source: Barandbench

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