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2021 Supreme(Online)(SC) 1563
DR. D.Y. CHANDRACHUD, MR. L. NAGESWARA RAO, MR. S. RAVINDRA BHAT, JJ
IN RE : DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC – Appellant
Versus
– Respondent
SUO MOTO WRIT PETITION (CIVIL) No.3/2021
For the Petitioner(s): Mr. Jaideep Gupta, Mr. Kunal Chatterjee, Ms. Meenakshi Arora, Mr. Mohit D. Ram
For the Respondent(s): Mr. Tushar Mehta, Ms. Aishwarya Bhati, Mr. K.M. Nataraj, Mr. Rajat Nair, Mr. Kanu Agrawal, Mr. Digvijay Dam, Mr. Amit Sharma, Mr. B.V. Balaram Das, Mr. Gurmeet Singh Makker, Mr. Amit Mahajan, Mr. Prashant Singh
The court mandated detailed reporting from governments regarding COVID-19 vaccination policies to ensure transparency and public trust.
Headnote:(A) Distribution of Essential Supplies and Services during Pandemic - The Supreme Court directed the Union of India to file a comprehensive affidavit addressing specific queries around vaccination rates, procurement details, and vaccination policy by state governments. (Paras 1(i), 1(ii), 1(iii))
(B) Affidavit Requirement - Emphasis was placed on the necessity of detailed reporting to ensure transparency in vaccination policies and drug availability concerning ongoing health challenges. (Paras 1(i)-1(iii))
Facts of the case:
This case arose from a suo moto petition concerning the distribution of essential services and vaccines during the pandemic, requiring detailed reporting from the Union Government and state authorities.
Findings of Court:
The court found that detailed affidavits addressing vaccination strategies and drug availability were critical for public assurance and accountability.
Issues: The main issues include the efficacy of vaccination measures and the transparency of government procurement policies.
Ratio Decidendi: The Court ruled that adequate data must be provided by the Union and state governments to realize the objective of a comprehensive vaccination strategy during the ongoing health crisis, ensuring access to essential services and transparency in vaccination policy.
Result: Directions were given to the Union and state governments to file necessary affidavits within 2 weeks.
ORDER
1. In terms of the signed reportable order, we pass the following directions:
(i) We direct the UoI to file an afÏdavit, which shall address the issues and questions raised in Section E, wherein it shall ensure that each issue is responded to individually and no issue is missed out. We also direct that the afÏdavit should provide the following information:
The data on the percentage of population that has been vaccinated (with one dose and both doses), as against eligible persons in the first three phases of the vaccination drive. This shall include data pertaining to the percentage of rural population as well as the percentage of urban population so vaccinated;
The complete data on the Central Government’s purchase history of all the COVID-19 vaccines till date (Covaxin, Covishield and Sputnik V). The data should clarify: (a) the dates of all procurement orders placed by the Central Government for all 3 vaccines; (b) the quantity of vaccines ordered as on each date; and (c) the projected date of supply; and
An outline for how and when the Central Government seeks to vaccinate the remaining population in phases 1, 2 and 3.
The steps being taken by the Central Government to ensure drug availability for mucormycosis.
(ii) While filing its afÏdavit, UoI shall also ensure that copies of all the relevant documents and file notings reflecting it’s thinking and culminating in the vaccination policy are also annexed on the vaccination policy. Hence, we direct the UoI to file its afÏdavit within 2 weeks.
(iii) We also note that UoI’s stated position in its afÏdavit dated 9 May 2021 is that every State/UT Government shall provide vaccination free of cost to its population. It is important that individual State/UT Governments confirm/deny this position before this Court. Further, if they have decided to vaccinate their population for free then, as a matter of principle, it is important that this policy is annexed to their afÏdavit, so that the population within their territories can be assured of their right to be vaccinated for free at a State vaccination centre. Hence, we direct each of the State/UT Governments to also file an afÏdavit within 2 weeks, where they shall clarify their position and put on record their individual policies.
2. List the Petition on 30 June 2021.
