[In reply to Awaken India Movement (AIM) Broadcast Channel] A very positive Bombay high court order From Chief Justice Dipankar Dutta and Justice karnik in the case of PIL 84 and 85 of Firoz Mithiborwala and Yohan Tengra ( Petitioners Sr advocate Shri Nilesh Ojha )
State government has taken a decision to withdraw orders dated 15 July 2021 10th and 11th August 2021 challenged by the petitioners on the basis of vaccines discrimination.
State told to the court that other orders and SOPs following Aug 21 are still in force and state executive committee constituted under DM Act 2005 will meet on 25th February 2022 for reviewing all the orders in the light of discussions in the court as well as factual status of covid-19 pandemic …. and if needed in supersession of all previous Orders …. and would be in tune with the spirit of the observation of the bench.
(Court is) Satisfied that fundamental rights of citizens guaranteed under article 19(1)(d) of the constitution were abrogated without giving primacy to rule of law.
We ( high court judges) had made certain critical oral observations in open court wondering how an order passed by chairperson of the committee (ex chief secretary Sitaram Kunte) without following the relevant laws would be passed off as the decision of the state government. Orders have been passed in clear violation of the prescribed procedure.
We (court) hope and trust that in keeping with the present situation and observations made above the state executive committee will take an appropriate decision for lifting of restrictions considering all aspects of the matter including the particular circumstances that fundamental rights of a section of citizens were abrogated because of certain illegal orders by chairperson of state executive committee earlier.
It would be eminently desirable of the state executive committee takes a decision on 25th Fab 2022 which effectively puts a quietus to the issues raised in the PIL petitions.
On 28th February 2022 at 2:30 p.m. the decision of the state executive committee shall be placed before the court by Mr Anturkar, State senior counsel.
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