Back
DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Shweta Singh – Appellant
Versus
Union of India – Respondent
| 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
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
The right to health includes access to necessary testing for infections, and arbitrary restrictions on testing undermine this fundamental right.
The court's discretion to dispose of a petition based on the lack of reason to keep it pending.
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.
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.
Court mandated regulation of HRCT test prices in private hospitals, emphasizing the principles of justice and equity in light of similar actions by other states.
The court directed the government to make timely decisions on representations concerning vaccination protocols for NRIs and students, emphasizing adherence to laws and regulations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
