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Background

  • The Kerala High Court on May 14th heard the PIL Petition filed through lawyers of the Software Law Center, assailing the Centre’s liberalized pricing and National Covid 19 Vaccination Policy.
  • The petition was presented to the court by Dr. K. Aravindan who is an expert on the covid 19 panels constituted by the State of Kerala and Dr. Praveen Pai, a public health specialist represented by Advocate Prashanth S. and other lawyers from Software Law Center.
  • During the hearing, it was submitted by the State’s Attorney that the Court should direct the Centre to supply vaccines to the State of Kerala.The Hon’ble bench of Justices Raja Vijayaraghavan and M. R. Anitha directed the Centre to enlighten it of the time-bound period within which Covid 19 vaccines should be provided to the State.
  • Counsel for the Central Government, K. Rajkumar had sought time to file a statement regarding the matter by Friday in the following week.

Proceedings of the Case

  • Advocate Santosh Matthew, counsel for one of the petitioners submitted that there was a scarcity of covishield vaccines in the State.
  • Advocate Prashanth also raised the point that vaccination seemed on a decline as compared to the condition before the vaccine strategy. He also stated that private companies were giving out vaccines but the citizens were not obtaining the same from the Government.
  • The court took notice of the fact that private hospitals were willing to buy vaccines directly from the manufacturers and the Court directed the Centre to consider this facet as well.
  • On this, the State Attorney answered the Court that Kerala had put a global tender to procure vaccines. On this, the Hon’ble Court replied that if the manufacturers have vaccines and the private hospitals are willing to buy, let them buy.

Court’s Directions

  • While referring to an Indian Express news story, the Kerala High Court bench comprising of Hon’ble Justices K. Vinod Chandran and M. R. Anitha held that the Centre should use the additional dividend of Rs. 99,000 Crore received from the RBI to procure vaccines. This suggestion was made by Justice K. VinodChandran.
  • Hon’ble Justice Chandran also pointed out that the Centre should procure vaccines at Rs. 150 or 250 only.
  • At the statement made by Advocate Prashanth mentioned earlier, the Court held that the Central Government has a role to be paid in this scenario. It also questioned that “Now you have excess from RBI. Why don’t you give it, at least to the poor?”
  • Directing the Centre to come with a response for the same, the Court adjourned the matter and declared that it would pass an interim order on this aspects later in the day.

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