Thread by @LawBeatInd

#SupremeCourt to hear plea seeking disclosure of data related to vaccine trials and restraining coercive action on not taking #vaccines #COVID19

Earlier, The SG while referring to a gamut of foreign judgments argued that “it is not enough that someone creates a doubt in the mind of the public with regard to vaccination, they should also try and dispel it.”
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Counsel appearing for the State of Tamil Nadu submits that the State is empowered to make mandates, like those who are not vaccinated will not be able to access the public places.
I have statutory power.
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Counsel: The mandate is in larger public interest, the vaccination also helps in reducing the chances of getting virus and getting hospitals. Vaccinated people also do not mutate the virus further.
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Advocate Amit Anand Tiwari AAG, State of Tamil Nadu: The Central Government had issued a mandate to vaccinate all the people.

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Tiwari: There is clearly a statutory provision that empowers me to issue such kind of Mandate.
(Referring to the mandate issued by Tamil Nadu Government)
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Tiwari: The Hospitals were flooded, am I as a State not eligible to take into account that has taken adverse affect on my State's medical condition?
There is data to show that More the people are vaccinated, lesser the chances of virus.
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Unvaccinated person are 5 times more likely to be hospitalised then that of fully vaccinated person, Tiwari added.

Tiwari: The Chances of infection are also increased. Therefore there is a clear connection between vaccination and severe consequences.
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Advocate Rahul Chitnis appearing for the State of Maharashtra submits, Milords maintaining 6 feets distance and putting up masks all the time becomes really difficult for that reason this mandate of vaccine is necessary.

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Chitnis further added that we have not mandated it, we have said that certain services will be denied.

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People can say that I can take care of my own life, but taking an example of Mumbai Local, people walk on railway tracks stating I'll take care, we cannot allow that, it may also affect people travelling, Chitnis added.

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Senior Advocate Guru Krishna Kumar appearing for Bharat Biotech, We have a track records, I was established in 96, I have a record of delivering 4 billion vaccine in Countries, it is developed in collaboration with ICMR.
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@BharatBiotech

Kumar: The efficacy which is claimed is clarified, the #Vaccine is effective in further varients as well.

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Kumar: My phase three trial results were published, that publication itself we have produced.
Therefore, the alligation that the studies were not published simply doesn't stand as fact. We are looking at one of a kind problem that mankind has faced.
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Kumar: Any response of the Government, States, Hospitals, everybody will have to be judged in the backdrop of that position.

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Kumar submitting over the disclosure of data Submits that the WHO says that please give the analysis of the data, not the data itself.

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Kumar: What the petitioner appears to be arguing that we have some kind of right over the data, the petitioner is conscious of my proprietary right. If you access the data, half baked information is published in bits and pieces what mischief may be caused, imagine.

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Kumar: The petitioner say that redact the personal information, later if some problem arises then they'll say who is that person, Milords there is no end to this.

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Counsel appearing for @SerumInstIndia submitted that Milords, my data is with the regulator, I have given undertaking to the individuaps that no data will be disclosed except with the regulator.

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The bench will continue hearing the matter after lunch.

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SG Tushar Mehta said: Milords one clarification before Mr Bhushan starts, that State of Tamil Nadu said they made it mandatory as the Center said 100% vaccination, the center has no mandate, the stand of center is that it should be 100% but it is not a mandate.

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Advocate Prashant Bhushan appearing for petitioner submitted that a mandate can be issued by a government provided that if Government shows that I would posses higher risk if I'm unvaccinated. The Government would have to demonstrate that I would transmit more if I'm unvaccinated

Bhushan: The mere assertion by the Government is not sufficient, the Solicitor said that I'm basing my case on the basis of some people's opinions, I'm not doing that my case is on the basis of Peer reviewed Journals, and stand taken by other countries.

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The person who already had the infection is at a better position then any person who has been vaccinated and this point cannot be denied by anyone in this world, Bhushan added.

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Bhushan: All cases shown by Mr Solicitor is related to small pox or pollio, all these cases are lethal, very few people are affected and those gives life long immunity, none of this situation relates to Corona virus.
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Bhushan: None of the vaccines except one has been given license and that is also not being used because in case of mishap they can be sued, but in other vaccines they are immune because they are protected under emergency use.

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Bhushan submits that Milords RTI came after several Judgments of this Court, all these judgments said that the Right to Information is a fundamental right in a democratic society like ours.

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Bhushan: Whereas, if this argument is accepted that merely because government has put in place a good system the data cannot be shared, even then the SC has said that right to information is a fundamental right and I'm not asking for any personal data, you redact all that data.

Bhushan: US Court in the Pfizer case also told that you redact the names and that is why it is now being published at a rate of 55,000 pages/ month as the details needs to be redacted, links I can share, people are now pointing out the issues. No issue of privacy, just redact.

Bhushan: Every data of every government and peer reviewed journal has shown that person who has got covid are better protect than that of people who are vaccinated, and the vaccine also does not protect a person from reinfection.
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Bhushan: They have not filed anything substantial to rebut what is shown in the peer reviewed journal that the vaccine will prevent reinfection, or is better than the immunity developed by the natural infection.
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Justice Rao: Accepting all your arguments, where are you driving?

Bhushan: Remove the mandate.

J Rao: They say there is no mandate.

Bhushan: The Centre says so, The States are mandating.

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Bhushan: I who have had the infection and can show that I have antibodies, if you are restricting me from moving around it is not justified.

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J Rao: Whether, you are vaccinated or unvaccinated, what is your stand on producing test result that you are not infected.

Bhushan: Yes, that can be done. In that case I would still say that it would be inappropriate.

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Bhushan: Government or their experts may say anything, but they have not produced any evidence, I have produced evidence.

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Bhushan submits that atleast they can give aggregate but segregated data otherwise how will anybody be able to examine whether what they have claimed is correct or is backed by something.

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Bhushan: So far as the mandate is concerned it is arbitrary and over the data issue even if they don't release individual data, they can release category wise data and that is what the US Court did, I'm thankful for a very patient hearing.

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The Court has concluded the hearing in the matter.

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