This High Court has dismissed the PIL filed for conducting trials on COVID-19 patients [Read Order]

On 12-06-2020 the Bombay High Court in the Case Kmaljeet Singh Sandhu Vs State of Maharashtra and Ors. comprising of a division bench of Chief Justice Dipankar Datta and Justice S.S.Shinde dismissed the PIL to conduct  trial on Covid-19 patients.

The petitioner filed a PIL for establishing a Committee of Expert Doctors from the three fields of Medicine Allopathy, Ayurveda,  Homeopathy for conducting trials on Covid-19 patients. The Contention submitted by the petitioner is that the lives of the people will be saved from the threat of COVID-19 by trying the combination of drugs and medicine on the inmates.

Advocate General on behalf of this State argued that a Committee of Doctors from the fields of Ayurveda, Homeopathy, Unani was already established by the State.

The Order of the Govt. dated June 08, 2020, has been issued for the Committee to follow the Guidelines to prevent the spread of Coronavirus. It was further argued that the question of the trial must be left to the Experts and that the intervention of the Court is not required.

The  Council on behalf of the Central  Govt. stated that a Notification dated April 02, 2020, had been issued by the Ministry of Ayush, constituting an “Interdisciplinary  Ayush Research and Development Task Force”  for coordination monitoring, the  Research Development activities in relation to SARAS-Cov-2 Virus.

 However, the Court dismissed the PIL  on the ground that the decision of the trials is neither the Court's decision nor of the Petitioner. The Govt. is the Machinery through which the course of action in this regard will be taken.

Also, unless Fundamental Rights are violated due to the policies of the Govt. the Courts must be silent and should not intervene.

Read Order @LatestLaws.com