Thread by @barandbench

#KeralaHighCourt hears matter concerning COVID-19 vaccine policy. Matter before Justices Vinod Chandran and MR Anitha.

ASG Raj Kumar says a statement has been prepared, but the Registry is yet to accept.

We were directed to consider and file how much time if would take to give vaccines to Kerala, ASG informs

Have given statements regarding present position, ASG adds in response to Court's query

#KeralaHighCourt

Court: What is our (Kerala's) population? 136.7 million. What are the costs of the vaccine which the central govt procures and state procures?

150 Rs for Centre, 400-600 Rs for State, Court told

#KeralaHighCourt

Court: On Saturday in Indian Express, it is reported that RBI has given 99k cr as dividend to Centre. More than half than projected in the budget ... That does not mean I only read Indian Express, but this is the news… you have got about Rs 54 cr more.

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#COVID

Court: 137 crores people x 150 or let us take it as (Rs) 250. That is only 34k crores. So what is the problem with you giving more?

#KeralaHighCourt
#CovidIndia

Court to ASG: You’ve got so much money, why don't you do something about it? If the central govt procures, you get it at Rs 150 rupees...Is it not the right time for you to do it?

ASG submits it's a matter of policy. Adds that there is an expert body to look into this as well

About 8 lakhs vaccines were given for free to Kerala. Centre has provided vaccines free of cost for the above 45 years age group, ASG submits

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#CovidIndia

Justice Chandran: We are perfectly aware we don't exercise jurisdiction all over India.. but why can't you procure it for Kerala also?

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#CovidIndia

ASG says that vaccinations for those above 45 years were procured for free.

Court: What about others?

ASG: Policy has been decided, that the state has to procure

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#CovidIndia

Justice Chandran: You have additional income from RBI, why don't you use it for this purpose? We are asking you to ask your policymakers

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Adv Santhosh Mathew raises concern about State citing unavailability of COVAXIN.

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#CovidIndia

Adv Prasanth Sugathan: After the new (COVID vaccine) policy, vaccination has gone down from what was there before the new policy

Court: That is because of shortage of vaccines?

Sugathan: But the statement says, new policy was expected to incentivize.

@PrasanthTweets

Sugathan: We find a lot of pvt co.s are giving it. But public not getting from govt channels. That is because state govts have to compete with each other

Court to ASG: That is where central govt comes in. Now you have excess from RBI. Why don't you give it, at least to the poor?

Court to ASG: This is not the time to look at federalism and all that. Why don't you put it to your ministry and come back?

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#COVIDVaccination

Court takes up plea concerning #COVIDVaccination for lawyers. Justice Chandran notes that the relief has not sought for clerks, only lawyers.

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Petitioner counsel response that separate WP may be filed for clerks.

Court: You thought they can't be mixed up with lawyers? You forgot, it is an afterthought, don't act as saviors of each and every person

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#COVIDVaccination

All lawyers can't be covered on priority, State has to look into which lawyers are in actual practice, Court observes in plea for prioritized vaccination of lawyers.

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#COVIDVaccination

Lawyers can have a discussion with bar associations to identity practicing lawyers, and clerks for vaccination, Court suggests.

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#COVIDVaccination

Court says clerks, Judicial officers, and court staff should also be considered for prioritized vaccination.

Justice Chandran: Judicial officers have been sitting every day. Even if they are not sitting, they have been asked by High Court to make themselves available.

Justice Chandran notes that judicial officers have to sit to accept urgent matters as well.

Justice Chandran: There are less than 500 Judicial Officers in the state, why don't you vaccinate them immediately?

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#COVIDVaccination

Justice Chandran: Another marginalized section we have totally ignored .... court staff. We introduced e-filing. Nobody is e-filing. How do you handle those physical files?

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#COVIDVaccination

Justice Chandran: Staff also is not that high a number.

In many district courts, principal district judges have proactively taken the initiative to vaccinate them, the Court notes further.

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#COVIDVaccination

Court says it will pass an order to look into the vaccination of Judicial Officers, clerks, court staff.

Says order may ask District Collectors to coordinate with the administrative committees created by the High Court

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#COVIDVaccination

Justice Chandran: All state govt employees vaccinated ... Police and health being vaccinated on a priority basis, it is fully justified. Next State employees were vaccinated on account of elections .. On spark (app), they were automatically registered.

#KeralaHighCourt

Court adds that court employees are also State's employees

Justice Chandran: These are also state employees... only because of independence of judiciary under the Constitution, they are under the control of HC. But why are they not covered as state employees?

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Court to State: Why don't you extend (prioritised vaccination) to the registry and staff of court to whom you give salaries?

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#COVIDVaccination

Adv Saiby Jose Kidangoor appears in the plea seeking prioritized vaccination of lawyers.

He agrees with Court's suggestion that associations may hold consultations to find those lawyers in active practice.

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#COVIDVaccination

Court asks State to give its response by Wednesday so that Court can pass on an order on the issue of granting prioritized vaccination for judicial officers, court staff, clerks.

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#COVIDVaccination

Justice Chandran: They (court staff) have been regularly attending office like any other state govt employee for the past one year and they are continuing ... The lawyers forgot even their clerks, we cannot forget those who assist us

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#COVIDVaccination

Court: Lawyers & Judges, at least we in High Court, are insulated to an extent. What about the staff? They have to come. This HC has been sitting all through last year, physically and through VC. All the Judges. For the Judges to sit physically, necessarily there has to be staff

Adv Santhosh Mathew suggests that Bar Associations or Bar Councils should also be allowed to approach for the procurement of vaccines, which can be given to lawyers

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#COVID19India

State Attorney KV Sohan appears for State.

Court told that aspect of State consulting with Bar associations to find which lawyers are in active practice now would be examined.

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Court says it will pass orders on two aspects:

- examination of prioritised vaccination of judicial officers, clerks, court staff, lawyers in active practice.
- question of whether Centre can use the excess funds declared by RBI to procure more vaccines.

#KeralaHighCourt

Court notes that matter regarding prioritized vaccination of actively practicing lawyers may be taken up after a week, that State Attorney Sohan would be looking into it.

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#COVIDVaccination

Court told that Kerala govt has put out a global tender.

Justice Chandran notes that tender may take time, that we are racing against time now, cases may increase meanwhile.

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#COVIDVaccination

Court prices by private hospitals procuring vaccines from manufacturers should be capped so that there is no unjust enrichment.

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#COVIDVaccination

Court says matter concerning differential pricing, transfer of technology for COVID vaccine manufacture would have to be taken up next week as ASG has to come back with response.

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#COVIDVaccination

Adv Sugathan submits that one issue is that on May 21, Niti Aayog had said that they are taking steps for the transfer of technology. However, the Centre told Court that the Niti Aayog cannot be considered as the central Govt.

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#COVIDVaccination

Sugathan also refers to need for ramping up vaccine production.

Justice Chandran: It is not up to High Court judges to say to ramp up without knowing what facilities are there.

Let the matter come up for hearing with (Centre's) statement on record, Court says

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Adv Leela Narayanan appears in a matter where the grievance is that those requiring a second dose of vaccine are facing difficulties.

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#COVID19India

Court agrees that the second dose should be prioritized

Justice Chandran: Naturally, if they are not given vaccination on the 12th week, they have to be vaccinated again.

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#COVID19India

Court notes that it is already State policy to prioritize the second dose. Says some time should be given, and if the state is found to flout its own policy, then Court may step in.

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Hearings adjourned. Court has informed that it would pass interim orders on some aspects and post the matters for hearing next week.

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#COVID19India

Why can't additional income from RBI be used to supply more vaccines?: Kerala High Court asks Centre

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[COVID-19 vaccination] Judicial Officers, Court Staff are also "State employees"; Why have they not been prioritized: Kerala High Court

report by @meera_emmanuel

#keralahighcourt #COVIDVaccination

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