Thread by @barandbench

Karnataka HC will shortly hear a case registered suo motu after the Court received two letters on Covid-19 Management in the state.

#CovidIndia
#COVIDSecondWave
#KarnatakaHighCourt

Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar will hear batch of pleas.

#COVIDEmergency
#OxygenCrisis
#COVID19India
#KarnatakaHighCourt

Follow this thread to find out what happened yesterday:

https://twitter.com/barandbench/status/1397139978463768577

#COVID19India
#KarnatakaHighCourt
#OxygenCrisis

Yesterday one new petition was filed : CJ Oka

You want autopsy for every patient? You have another prayer to stop vaccination? People are queuing up for vaccination..This is against public interest : Bench

#COVIDEmergency
#vaccination

Please ask your client if he wants to press prayer 3 (to stop vaccination). If it is so, then we will dismiss it because it is against public interest.

Once we find that one prayer is against public interest, then it is liable to dismissed...Argue only on 3rd prayer : Bench

Adv Nitin: Covaxin was permitted to be used in a restrictive manner, in clinical trial mode.

He refers to a document released in January, in Ministry of Health website.

Bench: Your document is from January, this is May. Much water has flown.

#vaccination
#COVID19India

Nitin: The press release silent on under what provision of law, the permission to administer vaccine has been granted. I have perused all the documents, the provision of law is not mentioned.

#CovishieldVaccine

Bench: Suppose we grant this prayer, and people get infected. Will you take responsibility? Petitioners are not experts in the field also.

One of the petitioners is a retd scientist: Nitin

This is a disservice....has to be dismissed with costs : Bench

#VaccineRegistration

Nitin : Provision of law is absent.

Bench: You make a representation to them.

#COVID19India
#vaccination

Vaccination drugs are orphan drugs : Nitin

We understood your contention that use of these vaccine drugs is in violation of these 2019 rules : Bench

Nitin: The drugs come under gene therapeutic product and not vaccine.

#VaccinationForAll

The use of vaccines is contrary to is National Guidelines? That is your submission: Bench

Yes and that is true: Nitin

Advocate gives the meaning of gene therapeutic product and the importance of clinical trials.

#COVIDEmergency

The more you argue, the more will be the costs. You are taking the valuable time of the Court. We are dealing with serious issues : Bench

Already the people are hesitant to take vaccines, this will only add to the fuel: Amicus Vikram Huilgol

#COVID19India
#vaccine

You are filing the petition after lakhs of vaccines have been administered: Bench

Adv Nitin: 18 plus crore doses have been administered.

Adv MN Kumar for Centre: Similar petitions have filed....this is wasting time of the court.

#COVID19India

Before, Centre had said that only fever will be a side effect. Now, after 5 months, some 12 side effects have been mentioned: Nitin

Vaccines are not compulsory. Even Paracetamol has sideffect. Every drug has side effects: Bench

#VaccinationDrive
#COVIDEmergency

Toxicity of drugs have not been mentioned by either of the drugs: Nitin

Nitin: In 2009, vaccination was done in the same mode to 5 lakh people. Almost 4.9 lakhs were found to be handicapped later. It will be history repeated.

#COVID19India
#KarnatakaHighCourt

Vaccine has not passed clinical trial: Nitin

How much should be the cost amount and payable to whom? We want to be fair to you: Bench

I have nothing to say milord, whatever this Court deems fit: Nitin

#VaccinationDrive
#CovishieldVaccine

This is not a petition of science. It is strictly on law, law has not been followed : Nitin

ORDER

This Court has already passed orders running into more than 800 pages dealing with various issues arising out of covid. : Bench

Bench: Litigants and members filing mutilple petitions dealing with the same issue. Prima facie, we are of the opinion that prayer 3 is against the public interest.

First contention raised is that it is not clear under what authority of law GOI has permitted vaccination

Second is that without conducting all stages of clinical trials, vaccines have been permitted to be administered

Vaccines are gene therapeutic products and same is being administered without following National Guidelines published by ICMR : Bench

It may lead to disastrous consequences, petitioner submits..... : Bench

It is submitted that administration of Covaxine, covishield is illegal and harmful without clinical trials : Bench

#vaccination

We may also note that 117 of the petition is that objection of petitioners are only to two vaccines.

The first petitioner is an army officer. However, it is not claimed that he is an expert in the field of vaccines. Credentials of 2nd and 3rd petitioners not mentioned: Bench

Very fact that this petition is made to stop vaccines shows that it is not filed in public interest. Therefore, not necessary for us to go into other prayers.

We had given an option whether petitioners want to withdraw the petition.

#vaccination

Hence, we decline to entertain the petition only on the ground that it is not filed in public interest.

Fit case to impose exemplary costs as the hearing of this petition has consumed 45 minutes, which could have been used to hear important matters: Bench

#vaccination

Since 1st resp is an army officer, we propose to impose costs only to 2nd and 3rd resp, to pay Rs 50,000 to CM Relief Fund. Cost shall be paid within one month: Bench

Let us go to the main matter.

Mr. Mohan, without going into anything, let us tell you, your capacity to file memos is UNMATCHED.

(Bench chuckles)

#COVIDEmergency

16.66 Lakh doses given to private hospitals in Karnataka: ASG Aiswariya Bhati

This shows complete violation.....How can private players exceed? They have exceeded by 25%. Govt has only placed an order for 15.98 Lakh.

There is a difference of few thousands : Bhati

Today, it is few thousands, tomorrow, it may be in lakhs : Bench

We have to ensure that private players shall not exceed 25% quota of vaccination by any method : Bench

#vaccination
#COVID19

We want to understand, State has stopped giving first dose of covaxine.

State is giving first dose of covishield ONLY to frontline, health workers.

Rep of PHANA: We are giving the first dose of vaccination to 18-44 yrs.

Court: Have you seen the advisory issued by GoK?

PHANA: It is only an advisory, not an order.

Court: We figured that you would say that.

PHANA: Govt did a flip flop by announcing vaccines for 18-45 from May 1.

AG: You cannot use this forum to blame the govt. You cannot say flip-flop. Engage an advocate and file an affidavit.

PHANA: Hospital staff is virtually getting beaten up!

#vaccination

Bench: So AG, see the scenario, somebody who has got first dose will not get second dose, he will be diverted to private players. So ultimately it is helping whose cause.

AG: This will have to be a policy consideration of the state govt.....is all I can say.

Bench: Both Central and State govt should take a call on this.

We are not policymakers, in absence of concrete policy it will lead to violation of Article 14.

But this will compel person to go to private players for taking first dose.

#vaccination

Bench: As far as PHANA is concerned, are you giving first dose of Covaxin?

PHANA: Whoever registers on the portal we are giving it.

Bench: Even Covaxin? There is a shortage

PHANA: Yes Milords.

#vaccination

Amicus: Persons like road vendors may not be even aware that they are in the priority group.

Adv Shridhar Prabhu: Large urban-centric corporate hospitals are getting priority in procuring vaccines. Even the cost needs to be checked.

#vaccination

CJ: Now we are going to record PHANA's statement that they are even administering Covaxin.

Amicus: How exactly is the vaccine to a Covid recovered person is to be administered second dose. CG has to clarify this. How are the 3 months period is to be computed?

#vaccination

Adv Ashwini Obulesh: State is being put into a marketplace setup. The very concept of cooperative federalism is at stake.

Bench: We are not going into this wider issue at the moment.

At the right time we will look into it.

#vaccination

Bench: We will pass order tomorrow at 3:30

AG, find out if State is willing to pass an order as opposed to advisory asking private players to not administer vaccines for 18-44.

AG: I'll find out.

Bench rises.

Matter adjourned to May 27.

#VaccinationDrive

[BREAKING] Karnataka High Court dismisses plea to stop COVID-19 vaccination, imposes Rs. 50,000 costs on petitioners

report by @Rintumariam

#karnatakahighcourt #COVID19Vaccination

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