The judgment passed by the Bench of Justice S.J. Kathawalla in Deepak Kumar Khurana Vs. Mumbai Port Trust 2021 SCC OnLine Bom 5920 is per-incuriam, nullity and vitiated by fraud on power.
In a recent judgment dated 13 th January 2022, the U.S. Supreme Court quashed the similar order passed by American President Joe Biden. Where the unvaccinated peoples were asked to get RTPCR test every week. 1. The judgment is passed by ignoring and without considering the provisions of Sec. 38, 39, 75, 76 of Disaster Management Act, 2005 which says that the State Authority cannot bring any mandate against the policy decision of Central Government. Hon’ble Supreme Court in the Case of Mazdoor Sabha Vs. State of Gujarat (2020) 10 SCC 459 made it clear that the state Government has to work in co-ordination with Central Government. 2. Due to lack of jurisdiction Hon’ble U.S. Supreme Court quashed the similar vaccine mandate issued by the President Joe Biden. Link: https://drive.google.com/file/d/1LDCp1boZoApk7BKMaoyFPIYcVA6KaNya/view?usp=sharing 3. The judgment in Deepak Kumar Khurana’s Case (Supra) is passed by ignoring the policy decision of Central Government that there