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D. N. PATEL, JYOTI SINGH
Shweta Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
D.N. Patel, CJ. - Present Public Interest Litigation has been preferred seeking the following reliefs:-
"i. May issue appropriate writ order or directions thereby
a. Directing Respondent No.1 and 2 to make provisions for at least 1 lakh RTPCR testing everyday
b. Direct the Government to explore the possibility of development/knowledge sharing and information on import of at home self testing kits from Countries where such kits are already in use.
ii. Issue directions to the State that in the third phase of Covid-19 vaccination the priority should be given to citizens who on the date of application had not tested positive for Covid-19 in the past four months.
iii. Issue directions to the Respondent No.1 and 2 to regulate the sale and quality of N95 masks completely banning any sale of faulty and fake masks. This Honble Court may further direct the Respondents to make double masking or use of N95 in all public places a mandatory requirement.
iv. Issue directions to the State to constitute a webpage or a website on an urgent basis through which people of Delhi can easily access all relevant information with respect to Covid-19 related essential medicines, oxygen suppliers etc.
v. Pa
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
The court's discretion to dispose of a petition based on the lack of reason to keep it pending.
The right to health includes access to necessary testing for infections, and arbitrary restrictions on testing undermine this fundamental right.
The court ruled that patients with COVID-19 symptoms must be admitted without RT-PCR test results, emphasizing the importance of following health directives and improving testing infrastructure.
The Court cannot issue directives for policy formulation in public health matters as this is the executive's responsibility under the Constitution's separation of powers.
Compulsion for plasma donation from recovered Covid-19 patients by the court is outside judicial purview; frivolous petitions do not merit public interest litigation.
Courts may dismiss public interest litigations challenging public health measures if the petitioner lacks expertise in the relevant field and the measures are in line with global efforts to prevent t....
Public Interest Litigation cannot be used to collect information from the government without exhausting alternative legal remedies; misuse leads to dismissal and costs penalization.
Point of law: Public Interest Litigation - Seeking information and data with respect to foreign vaccine manufacturers who have applied for approval in India.
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