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A writ petition filed in the karnataka high court challenging the legality of the covid-19 vaccination drive in india. The petitioners argue that the administration of the covaxin and covishield vaccines violates the new drugs and clinical trials rules, 2019 and the national guidelines for gene therapy product development and clinical trials, 2019. The court, however, dismisses the petition, stating that it is not filed in public interest and imposes costs on the petitioners. Insights into the legal and regulatory framework governing the approval and administration of covid-19 vaccines in india, as well as the court's perspective on the importance of the vaccination drive in the public interest.
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Author: Chief Justice Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2021
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NO.9242 OF 2021 (GM-RES-PIL)
BETWEEN:
AND:
MINISTRY OF HEALTH AND FAMILY WELFARE ROOM NO.348, 'A' WING NIRMAN BHAVA NEW DELHI - 110011.
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... RESPONDENTS (BY SHRI S SHIVAKUMAR CGC FOR R1; SHRI DHYAN CHINNAPPA, AAG ALONG WITH SMT.PRATHIMA HONNAPUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.01 AND 02 TO TAKE APPROPRIATE STEPS TO DIRECT ALL HOSPITALS TO CONDUCT AUTOPSY IN ORDER TO ATTRIBUTE THE CAUSE OF DEATH IN ACCORDANCE WITH THE AEFI SURVEILLANCE AND RESPONSE GUIDELINES,2015 AND ETC. 3
THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
At the outset, we must note here that this Court is dealing with various issues arising as a consequence of the first and second waves of COVID-19. This Court has already passed orders running into more than 800 pages from March 2020 in Writ Petition No.6435 of 2020 dealing with various issues of public importance such as the issue of rights of migrants, the issue of food security to the vulnerable sections of the society, the issue of non-availability of oxygen, vaccines, etc. Though all the issues are being dealt with by this Court in an exhaustive manner, the litigants are filing multiple petitions dealing with the same issues.
want to withdraw the petition. However, he stated that the petitioners have instructed him to argue the petition.
ORDER
(i) We dismiss this petition only on the ground that it is not filed in public interest;
(ii) We direct the second and third petitioners to pay costs quantified at Rs.50,000/- (rupees fifty thousand) to the Chief Minister's Relief Fund (COVID-19);
(iii) The costs amount shall be paid within a period of one month from today;
(iv) We direct that the petition shall be listed on 28th June, 2021 under the caption of Orders for reporting compliance regarding payment of costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*/bkv