Delhi High Court
Think Act Rise Foundation Through ... vs Govt Of Nct Of Delhi Through Its ... on 3 May, 2021
$~32.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5121/2021
% Decided on: 3rd May, 2021
THINK ACT RISE FOUNDATION THROUGH: ITS
SECRETARY ARJUN KASANA ..... Petitioner
Through: Mr.Arjun Kasana, Petitioner in person.
Versus
GOVT OF NCT OF DELHI THROUGH: ITS
HEALTH SECRETARY & ANR. ..... Respondents
Through: Mr.Satyakam, ASC and Mr.Anuj
Aggarwal, ASC with Ms.Ayushi Bansal, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JASMEET SINGH
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.15690-91/2021 (exemptions)
For the reasons stated in the applications and in view of the present
prevailing situation, the present applications are allowed subject to just
exceptions. However, the applicant is directed to file duly signed and
affirmed affidavits within a period of one week and the requisite Court fee
within a period of 72 hours from the date of resumption of regular
functioning of the Court.
The applications are disposed of.
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
W.P.(C) No.5121/2021
1. This so-called public interest litigation has been preferred with the
following prayers:-
"a) Issue an appropriate writ, order, direction ordering the
Respondent No.1 and 2 to take an undertaking from the
receiver that once recovered, the patient shall donate the
plasma 14 to 28 days after being tested negative instead
of first asking them to find a donor. Failure to do so shall
lead to legal proceedings or anything that court deems fit
as per the prevailing circumstances;
b) Issue and appropriate writ, order, direction to frame an
overseeing body which shall regulate the availability of
plasma to accelerate the donation and receiving process.
The proposal, if implemented, shall save the crucial time
for the sick, will help in maintaining the inventory and
will encourage plasma donations. All in all, it will help in
better management of lives in the current scenario."
2. The petitioner, who appears in person submits that a relative of one of
the office bearers of the petitioner institution was suffering from Covid-19
and was unable to get plasma for the treatment and, therefore, the present
petition has been preferred so that this Court may exercise powers under
Article 226 of the Constitution of India and direct the respondents to insist
the Covid-19 patients, who have recovered after getting plasma therapy, to
compulsorily donate plasma.
3. Having heard the petitioner and looking to the facts and circumstances
of the case, it appears that this is not a public interest litigation but a
publicity interest litigation. We can neither compel the respondents to
draft a law or policy for compulsory donation of plasma nor we can give any
direction to persons, who have recovered from Covid-19 after plasma
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
therapy, to donate plasma for the benefit of other patients suffering from
Covid-19. This is a baseless and frivolous petition.
4. We, therefore, see no reason to entertain this writ petition. The same
is accordingly dismissed with costs of Rs.10,000/- to be deposited by the
petitioner with the Delhi State Legal Service Authority within four weeks
from today. The aforesaid amount shall be utilized for the programme
'Access to Justice'.
5. A copy of this order be sent forthwith to the Member Secretary, Delhi
State Legal Services Authority, Patiala House Courts, New Delhi.
CHIEF JUSTICE
JASMEET SINGH, J
MAY 03, 2021
'anb'
Signature Not Verified
Digitally Signed
By:PANKAJ KUMAR
Signing Date:06.05.2021
14:52:50
