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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Shweta Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 5165 of 2021
Decided On : 26-11-2021




A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.

Headnote:(A) Constitution of India - Article 32 - Public Interest Litigation seeking directions for COVID-19 management, including RTPCR testing provisions, vaccination priorities, mask regulations, and information dissemination - Most reliefs sought were acknowledged as redressed, rendering the petition infructuous. (Paras 1, 2)

(B) A petition may be dismissed as infructuous if the sought reliefs have been addressed and no further action is required. (Paras 2)

Facts of the case:
The petitioner sought various reliefs regarding COVID-19 management, primarily focusing on testing, vaccination, regulation of masks, and information access.

Findings of Court:
Petition disposed of as infructuous; the petitioner may approach the Court in the future if needed.

Issues: The primary issue was whether the petitioner's requests for COVID-19 management measures were still valid.

Ratio Decidendi: The court concluded that since the issues raised were no longer relevant due to remedial measures taken, the petition became unnecessary.

Result: Petition disposed of as infructuous.

Table of Content
1. seeking relief during pandemic context (Para 1)
2. petition deemed infructuous due to redressal (Para 2)
3. disposal of petition with liberty to approach court (Para 3)

JUDGMENT

D.N. Patel, Chief Justice (Oral)--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 Hon'ble 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. Pass such further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. We have heard the Petitioner, who appears in person as well as learned counsel appearing on behalf of the Respondents and looked into the facts and circumstances of the case. Petitioner concedes that most of the reliefs sought stand redressed and the petition has become infructuous. Hence, we see no reason to keep the petition pending, more so, in view of the current situation of pandemic Covid-19.

3. Accordingly, the petition is disposed of as infructuous. Liberty is, however, granted to the Petitioner to approach the Court, if and when the need so arises.

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