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DELHI HIGH COURT
D.N.PATEL, JASMEET SINGH
Think Act Rise Foundation – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. details on the public interest litigation application. (Para 1) |
| 2. petitioner's motivation and request for court intervention. (Para 2) |
| 3. court's assessment of the petition as baseless. (Para 3) |
| 4. dismissal of the petition with penalties ordered. (Para 4) |
| 5. court's directive for fund allocation. (Para 5) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
C.M.No.15690-91/2021 (exemptions)
For the reasons stated in the applications and in view of the present prevailing situation, the present applications are allowed subject to just exceptions. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of 72 hours from the date of resumption of regular functioning of the Court.
The applications are disposed of.
W.P.(C) No.5121/2021
1. This so-called public interest litigation has been preferred with the following prayers:
"a) Issue an appropriate writ, order, direction ordering the Respondent No.1 and 2 to take an undertaking from the receiver that once recovered, the patient shall donate the plasma 14 to 28 day
Compulsion for plasma donation from recovered Covid-19 patients by the court is outside judicial purview; frivolous petitions do not merit public interest litigation.
Public interest litigation must be substantiated with concrete evidence rather than speculative claims; courts will dismiss frivolous petitions that lack due diligence.
The Court's decision was based on the change in circumstances, leading to the petition's irrelevance
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
Public Interest Litigation cannot be used to collect information from the government without exhausting alternative legal remedies; misuse leads to dismissal and costs penalization.
The court's discretion to dispose of a petition based on the lack of reason to keep it pending.
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
Accurate news reporting during health crises is essential, and censorship based on perceived negativity is not justified.
Point of law: Public Interest Litigation - Seeking information and data with respect to foreign vaccine manufacturers who have applied for approval in India.
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.
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