New Delhi, May 18 (IANS): The Delhi High Court on Tuesday refused to entertain a plea seeking waiver of clinical trials of foreign vaccines for Covid-19.
A bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh said the relief sought in the plea was a policy decision and it is not in the domain of courts. The High Court emphasised that courts could only consider the possibility of policy decision only in exceptional cases.
As the plea sought priority in vaccination to those who have already taken the first dose, the court said authorities may treat the plea as a representation. It observed that if everyone is given priority, then the question would who will come next in line. "Government has its own priorities," said the bench.
The court also stressed that that relief sought in the plea by advocate Nazia Parveen cannot be given just for the asking.
"It has become a fashion in Delhi that every now and then people are rushing to the courts with PILs for priority in vaccination," it said.
The plea has sought framing of a policy in connection with vaccine distribution and waiver of clinical trials of foreign vaccines. The bench said the policy decisions are supposed to be taken by experts in the field and that it is a complex phenomenon, and courts cannot draft policy. "We are not going to exercise our power to draft a policy," it said
The plea also raised the issue of bottling of vaccines but the court replied that it was a technical matter, which should be dealt by experts. It also noted that few prayers in the plea were already pending before the apex court, and it would not examine them.
However, the High Court said the authorities concerned may treat the petition as a representation and decide it in accordance with the law, rules, regulations and government policy applicable.
It also told the petitioner's counsel that Right to Information Act can be used seek information in connection with the status of vaccine doses ordered for the vaccination drive starting from May 1.