SHAH ALAM: The High Court here dismissed applications for leave for judicial review by a group of Universiti Malaya (UM) academic and administrative staff, as well as five teachers, to challenge the government's Covid-19 vaccination programme.
High Court judge Dr Shahnaz Sulaiman said the court disagreed with the applicants' contention that mandatory vaccinations for public servants and frontliners violated their rights under the Federal Constitution.
Dr Shahnaz said the applicants did not submit on how their rights under Article 9 of the constitution are violated, but the court still took it into consideration to be thorough.
Article 9 guarantees the freedom of movement of citizens, except where a law is passed relating to the security of the country, public order and public health, among others.
"Covid-19 required authorities to take measures to ensure public health. Hence, this court cannot agree with the applicants' contention that the impugned decisions resulted in the contravention of Article 9.
"For that reason, this court is satisfied that that there is no illegality such that this court should exercise its power to quash the impugned decision. Therefore, it dismisses this judicial review application with no order as to costs," Dr Shahnaz said.
Senior federal counsels Shamsul Bolhassan and Liew Horng Bin represented the government.
The groups filed applications for leave for judicial review in October 2021 for an order to quash the government's directive to implement the programme based on circulars sent to them.
The 19 UM applicants named the UM registrar, Public Service Department and its then director-general Tan Sri Mohd Khairul Adib Abd Rahman, Health Ministry and the government as respondents.
The five teachers named the education and health ministers, their ministries, Khairul and the government as respondents.
All 24 applicants contended that the government's vaccination programme against one's consent breaches their rights as enshrined in the constitution.
They had asked for an order to be issued to UM or the Education Ministry to put the circular on hold pending the results of the judicial review applications.
They also want the government to produce the outcome of clinical trials on all vaccines administered and its side effects.