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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Mayank Wadhwa – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks information on vaccine approvals. (Para 1 , 2) |
| 2. writ petitions should not be used for information gathering. (Para 3 , 4) |
| 3. writ petition dismissed; costs imposed. (Para 5) |
| 4. order forwarded to legal services authority. (Para 6) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
CM APPL.16536/2021 (exemptions from filing court fee/attested affidavit)
For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. 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 application is disposed of.
W.P.(C) No.5358/2021
1. This so-called Public Interest Litigation has been preferred with the following prayers:
"(a) Direct the respondents to provide the details of the foreign vaccine manufacturers who have applied for approval in India and the status of such applications;
(b) Direct the respondents to make appropriate changes/alterations in their import licensing a
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.
The court directed the government to make timely decisions on representations concerning vaccination protocols for NRIs and students, emphasizing adherence to laws and regulations.
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.
Court directed authorities to expeditiously decide a representation for water supply and borewell usage for parks, emphasizing adherence to applicable laws and policies.
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
Public interest litigation must be substantiated with concrete evidence rather than speculative claims; courts will dismiss frivolous petitions that lack due diligence.
The court emphasized the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
The main legal point established in the judgment is the interpretation and application of 'Public Interest Litigation' in the context of specific relief sought under the Pharmacy Act, 1948 and the Ed....
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