Thread by @barandbench

CJI SA Bobde led bench to hear transfer petitions filed by Serum Institute of India and Bharat Biotech seeking to transfer the pending cases from Delhi HC and other courts to #SupremeCourt

#COVID19vaccine
@SerumInstIndia
@BharatBiotech

Senior Adv Mukul Rohatgi appears for @BharatBiotech : Delhi HC heard a suo motu writ petiton. We want a stay on the order. Lawyers were interested in the issue and they joined proceedings

CJI: show me the Delhi HC order

Rohatgi: Both of us including @SerumInstIndia appeared
We were asked capacity to manufacture #COVID19vaccines , capacity to transport etc. Even centre was asked to reply on the similar issues. Why 45 years to 60 years was the rationale for vaccines and we were asked for it

Rohatgi: Whether manufacturers has the capacity or not and if High Courts keep asking then what will happen. We do not want to divulge this as this would lead to undue advantage being taken by others. Please direct withdrawal from HC and you decide

Senior Adv Harish Salve: Your Lordships have to decide

Solicitor-General: It is an all India issue and thus SC should look into it. We have filed a separate affidavit too. In August we had a Committee of 10 expert doctors. World over WHO has laid down some guidelines.

SG: First layer for vaccine is doctors etc, second is frontline workers etc like police, sweepers, etc. Then for public its for those who can afford, who just wants it and really need. We have gone for the really need part.

SG: That's why above 60 is entitled whether they are illiterate or scientist. Then above 45 with co-morbidities (from the list of 20) then they will be vaccinated.

SG: an international body is looking at how to distribute the vaccines. Please look at my detailed reply

Senior Adv Harish Salve for @SerumInstIndia : I am only adding as a senior member of the bar. Its embarrassing to see how this matter was handled up.

Salve: For courts to say whether lawyers are frontline workers or not will be decided or not is embarrassing for me. Vaccines are not being sold as in a commerce situation. Vaccine wars and commercial wars are starting. Europe is facing one thing.

Salve: Courts need to look into all of this and then pass an order. Not it would enquire into our capacity etc.

CJI: Delhi HC had primarily asked for this so that your capacity of production can be ascertained.

Adv Bhatnagar: There is an IA filed along with @BharatBiotech case. It's by a reputed doctor and we want to assist.

SG: Everyone will have a different point of view and it will become unmanageable. Let the expert group look into it

CJI: Not a question if lawyers and judges will be tested in a way. They have an apprehension as people think they will suffer from ill health and die. All those who are coming in contact with others think they need protection.

CJi: Advocates can make money only when they come in contact of people. This is where these claims come from and that's why High Court is looking into it. Can advocates be also on your expert committee ?

SG: How do I distinguish a lawyer colleague of mine who is 30 to 35 and another one who is a vegetable vendor who is 30 to 35 and also in touch with others in the market. I don't fall in either group and I am not vaccinated.

SG: Tomorrow journalists make such a demand and say they also come in contact with others.

CJI: we don't know how journalist does about his work. We don't know if they can work without meeting others. They can work staying away from others but for lawyers it's very difficult.

SG: we have to prioritize and channelize the vaccines. We have the largest network and we have vaccinated the most

CJI: We have no doubt that government has distinguished itself by supplying vaccines to all around the world. When it comes to doctors, chartered accountants...

SG: doctors are vaccinated as they are frontline workers

CJI: we are not medical experts and we cannot explain why is some one not in the priority. It's a genuine concern on behalf of the advocates.

SG: committee is a functional one to see how vaccination will work

SG: can this committee become an adjudicatory body listening to representations?

CJI: no one is attributing Mala fide to you. We are only saying can you explain to this group on the priority aspect

Salve: Governemnt can set up a committee and look at the problems and submit a report to the Government or expert panel

CJI: If one section sees that they are being handled well others may not approach you

SG: Let them make one representation and submit before expert group. We will respond in two days

CJI: we would like you to make it good that this is not adversarial and charges to be flung

SG: we will not..

CJI: not for you..

CJI: In Arvind Singh vs UOI this Court is considering a relief by which a priority is granted to members of legal profession for COVID-19 vaccine. We have before us two transfer periods by @SerumInstIndia and @BharatBiotech

CJI: These transfer petitions arise from an order of the Delhi High Court and Bombay HC. Since the issues pending before this Court is same as those pending before Delhi HC and in any case related we are of the view that suo motu writ pending before Delhi HC be transferred to SC

CJI: Shri Salve seeks to amend prayer to include matters pending in another courts.

We issue notice on the Transfer petition. High Court may not proceed in the matter in the meanwhile

Dr KK Aggarwal: Criteria has to be people above 45 without morbidity needs to give a certificate from a doctor saying this is a high risk patient they have to be included

Senior Adv Bhatnagar: please issue notice.

CJI: We have done it

Matter to be heard next week