The Tripura HC in, Tanjim Ahmed v. Union of India and Ors. refused to entertain a Public Interest Litigation filed by a fresh law graduate seeking appropriate order to the state government to get the judges, judicial staff, clerks and the lawyers of the courts to be vaccinated on a priority basis.
The Petitioner in the instant case produced before the court, the Government of India policy under which guidelines for the rollout of COVID-19 vaccine in time-bound but phased manner are laid down. Relying on the data the petitioner submitted that the Judges, lawyers, and support staff of the courts and lawyers are engaged in dispensing justice, and this function of dispensing justice is of paramount importance. It was stated that they are in the business of protecting the fundamental rights of others. Therefore, they should be given vaccination on priority.
The Court stated that the issue of vaccination of judges, lawyers etc. is currently under consideration before the Apex Court. The Court stated that they were not inclined towards issuing direction in the instant case. Firstly, the court stated, a mere small number of eligible persons who may opt for the vacancies in the State on priority cannot be the sole consideration.
The Court also perused the Government of India policy which contained the vaccination that was to be carried out in a phased manner. The Court pointed that the policy so made was formulated after consultation with experts and keeping in view the population of India. Any interference in the policy, the court stated, must be minimum. The Court remarked that now that the administration is ready to vaccinate people of certain age group, it would be wrong to interject at the moment.
It was also stated by the court that one must trust the government agencies to have due regard to difficulties of this group. The high court has itself been taking certain measures with respect to managing the crisis and will continue to do so, the court said. The court while dismissing the PIL started that the matter of vaccination should be left to the wisdom of the government
Case Details
Coram- CJ. Akil Kureshi, J. Chattopadhyay
W.P(C) (PIL) No. 1/2021
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