ISLAMABAD: The Islamabad High Court (IHC), on Tuesday, turned down a petition filed against forced vaccination against Covid-19.
A single bench of Chief Justice Athar Minallah heard the petition of Shahina Shahbud Din advocate and dismissed the same.
In her petition, she invoked the constitutional jurisdiction of this court challenging the restrictions imposed by the National Command and Operation Centre (NCOC) in relation to the Covid-19.
The petitioner said she is also aggrieved because in her opinion it is against the guaranteed fundamental rights to force the citizens to be vaccinated against Covid-19.
The IHC bench observed in its verdict that humans across the globe have been struggling to overcome the enormous challenges for the last two years due to the life threatening pandemic, Covid-19 and every nation has endeavoured to develop a vaccine, which could effectively prevent the life threatening pandemic.
It added that scientist and professional researchers have globally strived to develop safe vaccines to protect the humanity against harm and the World Health Organization (WHO) and other reputable institutions have declared vaccines developed recently to be safe for human use.
Likewise, every nation has imposed restrictions to meet the challenges posed by the pandemic, Covid-19.
The court stated that the petitioner could not give any factual basis for refusal to be vaccinated nor could show that scientific support exists for the notion that vaccines developed to prevent the harm related to Covid-19, could be life threatening.
It further said that there is nothing on record to show that a reputable study or research exists to suggest that vaccination against Covid-19 could expose humanity to harm instead of preventing a life threatening pandemic.
The court noted that unvaccinated persons are likely to impede the endeavours of the State to safeguard its citizens from life threatening harm.
If the pandemic is prolonged, then it could also have adverse consequences for the economy of the country.
“Regrettably, the opposition by a few, without any credible scientific basis, has already impeded the relentless endeavours of the State of Pakistan to eradicate the menace of polio. Covid-19 poses a serious public health risk. The fundamental rights guaranteed under the Constitution are not absolute but subject to reasonable restrictions and limitations,” added the IHC bench.
It further said, “The petitioner does not enjoy absolute freedom nor can she claim to have an absolute right free from restraint. The petitioner and those who oppose vaccination and the restrictions related there to, must respect the right of other citizens to be protected against harm.”
It continued that the petitioner is expected to repose trust in the State and its policies aimed at protecting the citizens against the life threatening pandemic, Covid-19 and the policies of the State regarding public health, particularly aimed at safeguarding the citizens from harmful effects of a life threatening pandemic are not justiciable by this court while exercising jurisdiction under Article 199 of the Constitution.
The court said that for the above reasons, the prayers sought in the instant petition are not justiciable nor the rights of the petitioner have been infringed. The petition is, therefore, accordingly dismissed.
Copyright Business Recorder, 2021
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