The Bombay High Court on Friday dismissed a PIL which sought testing of Covid-19 vaccine on prisoners, who have tested positive. The HC said it is for the government to decide on whom would the vaccine, which is being developed, would be tested.
A bench of Chief Justice Dipankar Datta and Justice Sambhaji Shinde was dealing with the PIL filed by one Kamaljeet Singh Sandhu, who sought directions to the government to constitute a committee of experts comprising of doctors from all the three fields of medicine - allopathy, ayurveda and homeopathy.
"On the basis of the recommendations to be made by such committee, to conduct trials on COVID-19 patients on inmates of correctional homes, who have tested positive," Sandhu argued, adding, "By doing so not only would precious human lives be saved but also spread of the pandemic could be prevented by trying the combination of medicine or drug that may be suggested by the committee."
The petition was vehemently opposed by state's advocate general Ashutosh Kumbhakoni, who apprised the bench of the fact that a similar committee comprising of specialist doctors from the field of Ayurveda, Homeopathy and Unani was formed. The committee, accoridng to AG Kumbhakoni submitted its recommendations and the same were accepted and the state has issued guidelines for treatment as well as preventing the spread of the pandemic.
Having heard the contentions, CJ Datta said, "We are afraid, the suggestion given by Sandhu does not commend to us to be acceptable. It is neither for him nor for the court to suggest on whom trials should be conducted."
"If at all, any trial is to be conducted, the same is in the realm of a policy decision and must be left to the appropriate authority in the government to decide on its next course of action. In regard to policy matters, unless violation of a fundamental right is demonstrated or an abrogation of a statutory provision is established, the courts ought to stay at a distance," CJ Datta added while dismissing the plea.
