Ms. R Guha vs Mr. S S Dey
2021 Latest Caselaw 690 Tri

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                       HIGH COURT OF TRIPURA
                                 AGARTALA

                             WP(C)(PIL) No.9/2020
             Court on its own motion : Mr. Somik Deb, Amicus Curiae.
             For Respondent(s) : Mr. S S Dey, Advocate General.

Mr. Debalaya Bhattacharya, Govt. Advocate, Ms. Ayantika Chakraborty, Advocate.

with WP(C)(PIL) No.7/2021 For the Petitioner(s) : Ms. R Guha, Advocate.

For Respondent(s) : Mr. S S Dey, Advocate General.

Mr. Debalaya Bhattacharya, Govt. Advocate, Mr. Bidyut Majumder, Asstt. S. G., Ms. Ayantika Chakraborty, Advocate.

with WP(C)(PIL) No.8/2021 For the Petitioner(s) : Mr. P Roy Barman, Sr. Advocate, Mr. Samarjit Bhattacharjee, Advocate.

For Respondent(s) : Mr. S S Dey, Advocate General.

Mr. Debalaya Bhattacharya, Govt. Advocate, Ms. Ayantika Chakraborty, Advocate.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE JUSTICE MR. S TALAPATRA

_O_R_D_E_ R_

09/7/2021 (Akil Kureshi, CJ).

We had detailed discussion on the prevailing Covid situation in

the State. Few areas which emerge from such discussion are as under :

(i) We notice that in the State the positivity rate of Covid is

lingering around 5% since quite some time. The drop in the Page - 2 of 6

positivity thus has plateaued out. Simultaneously, the number of

deaths reported every day, in comparison to the State population is

also on the higher side.

These figures plainly suggest that there is no place for

complacency in dealing with the Covid situation. We expect, the

people of the State to scrupulously follow all safety guidelines and

the State Government to implement them whenever breach is

noticed.

On the next date of hearing, the learned Advocate General

shall apprise the Court if there is any analysis of data of the death

which may establish primary cause for relatively high mortality so

that such cause can be addressed, if possible.

(ii) From the vaccine bulletin daily published by the State

Government we notice that overall rate of vaccination first; as well

as second doze for all age groups in our State is much higher than

the national average and perhaps is the highest in the country.

From the affidavit dated 3.6.2021 filed by the State Government it

emerges that there are approximately 26.86 lakh eligible people

above the age of 18 years in the State. As on 7th July 2021,

22,22,254 people have already received their first doze of vaccines Page - 3 of 6

of which 6,26,402 have received second doze as well. However,

what is of some concern is the depleting stock of vaccines in the

State and resultant drop in daily vaccinations. For example, on 5th

July 2021, 14460 vaccines were administered. On 6th July 2021,

this number came down to 11,570 and on 7th July 2021, only 5,526

vaccines were administered. The total vaccines available with the

State administration, as on 7th July 2021, was 1,64,890. 22,000

more dozes are likely to be received within this month. For the

remaining of the month, therefore, the State administration would

be left with 1,84,890 vaccines.

But apart from the drop in the vaccination rate which

perhaps is an all India phenomena on account of insufficient

vaccines available for distribution, what causes concern is that

those who have already received first vaccine, would qualify for

administration of second doze upon completion of 12 weeks or 4

weeks depending on the vaccine administered (Covishield or

Covaxin as the case may be). These people, who have already

received their first doze, cannot wait indefinitely for receiving the

second doze after the mandatory period is over. In our State,

surely there are large number of people (about 14 lakhs going by

the figures of the vaccine bulletin) who have received the first Page - 4 of 6

vaccine but not the second vaccine. The State administration must

think about raising sufficient number of vaccine dozes to cover

this population within the recommended period. We are conscious

that the distribution of the vaccines across the country is being

done by a specially constituted committee which takes into

account various factors while deciding proportionate distribution

of such vaccines to different States. If need be, the State

Government may take up this issue with the committee for

allocation of sufficient vaccines to the State in view of its

committed requirement.

(iii) Two local newspapers (Tripura Observer and Northeast

Colour), published on 25th June 2021, carried a detailed article in

which Dr. Siddharth Shib Jaiswal, Mission Director of the

National Health Mission, Tripura, was quoted to have stated that

around 80% population of all eligible age groups in the State have

received the vaccine (first doze). He is further stated to have

claimed that 98% people above the age group of 45 have been

vaccinated (first doze). From any angle, neither of these two

claims were accurate. Going by the Government affidavit, the

entire eligible population of over 18 years in the State is close to Page - 5 of 6

26.86 lakhs. Population of people over 45 years is approximately

12.36 lakhs. On the date when the Mission Director made these

claims, the total vaccines administered were 24,26,803 of which

5,66,458 were of second doze. Total number of people vaccinated

was thus 18,60,345. Perhaps, he has taken the total dozes of

vaccines administered for arriving at this 80% coverage, forgetting

that substantial part of it was administered to the same person as a

second doze. Total vaccine dozes administered to people over 45

years as on that date was 14,36,595. Second doze was by then

given to 5,66,458 people bulk of which was from this age group

since vaccination for people below 45 years had started only

recently. Thus around 9 lakh out of 12.36 lakh people over 45

years were given vaccine. This certainly does not come to 98% of

the population in that age group.

From the beginning in this public interest petition we have been

putting great stress on reliability of public information distribution because

we believe that it is only when there is total transparency and accuracy in

data provided by the State machinery that the people will understand the

correct picture and will have faith in data distribution system. When an

officer as responsible as the Mission Direction of National Health Mission,

Tripura, is quoted to have provided information which was inaccurate, we Page - 6 of 6

expected him to issue correction statement to the press. Going by the press

reports, he had conducted a press conference for providing this information.

At least, an official statement to the press pointing out that either there was

an error on his side in providing the information or there was a

misunderstanding on part of the press should have been issued. We expect

him to do so without any further delay. We request the learned Advocate

General to communicate this to him.

(iv) On the last occasion, we had briefly touched on the question of

mentioning Covid as a cause of death in the death certificate or medical

certificate. However, this issue is covered fully by a recent Supreme Court

judgment dated 30th June, 2021 in case of Reepak Kansal Vs. Union of

India and others. The State administration is fully aware of this decision

and the directions issued by the Supreme Court in the said judgment. At this

stage, therefore, there is no further need to pass any directions.

List on 19th July, 2021.

       ( S TALAPATRA, J )                          ( AKIL KURESHI, CJ )




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