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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Vivek Sheel Aggarwal – Appellant
Versus
Union of India – Respondent
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
CM APPL.17078/2021 (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.5510/2021
1. This writ petition has been preferred with the following prayers:
"a) Issue a writ of mandamus to the Respondents directing the Respondents to consider and respond to the representations of the Petitioners dated 29.04.2021, 04.05.2021, 07.05.2021 and 08.05.2021 and to hold a double blind human clinical trial on the "Safety and efficacy of the use of antipyretics in COVID-19 Moralities" forthwith and further to modify the Treatment Protocol of Covid-19 patients across the country especially the management of Mild Cases in the light of the hypothesis of the Petitioners, if the course suggested by the Petiti
The court emphasized that medical treatment protocols should remain within the jurisdiction of healthcare experts rather than being subject to judicial interference, especially concerning the managem....
The government and expert bodies have the authority to decide and approve medical protocols, especially in pandemic scenarios.
The court emphasized that medical protocols and treatment guidelines during a pandemic are to be determined by government expert bodies, not by judicial intervention.
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's decision was based on directing the concerned authorities to consider the grievances and decide the pending representation in accordance with the law, rules, regulations, and government p....
The court determined that existing proceedings in a related case should be addressed instead of duplicating litigation in public interest concerning Covid-19 management drug regulation.
The right to health includes access to necessary testing for infections, and arbitrary restrictions on testing undermine this fundamental right.
The court's decision emphasized the importance of differentiating personal reliefs from those suitable for public interest litigation, and the need for compliance with SOPs in the context of the COVI....
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