A Division Bench of the Kerala High Court, comprising of Justice Devan Ramachandran and Justice Dr. Kauser Edappagath in the case of Mathews Nevin Thomas v. Union of India & Ors. asked the Central Government as to when will the state of Kerala get its allocated vaccines and requested Government to do the same on a prior basis as the congregation of people at vaccine centres were increasing day by day.
"We think that Government of India should respond at the earliest as to when there would be a meaningful solution to the scarcity of doses of vaccines, which is now being faced. Government of India must inform us how and when the doses, as requested, can be made available to Kerala."
Background of the Case
In this case, Petitioner named Mathews Nevin Thomas (a lawyer) was concerned about the surge in Covid cases which included the Petitioner’s grandparents and other close relatives. The petitioner was preferring this Writ Petition in the public interest, seeking to challenge the 1st Respondent’s Liberalised Pricing and Accelerated National Covid-19 Vaccination Strategy, made available on its website, which overlooked well-settled constitutional principles as well as the fundamental rights of Indian citizens.
Reasoning and Decision of the Court
The Court took note of its earlier order which stated that Covid Protocol should be followed at vaccination centres and no gathering of people should be allowed. But the Court observed that there was no compliance with the order and a bunch of people could be seen in many centres.
The Court directed the police and other law enforcement machinery to ensure that there is gathering at the vaccination centres. The Court asked the Advocate General regarding the allocation of the vaccines to the State.
Learned Advocate General informed the Court that:
“he does not have specific instructions as to the supply of vaccines, as requested by the Government of Kerala, but that doses are being released incrementally as and when it becomes available, following an All India Policy.”
The Court responded that:
“We have no quarrel with the proposition now placed before us by the learned Assistant Solicitor General, but we think that Government of India should respond at the earliest as to when there would be a meaningful solution to the scarcity of doses of vaccines, which is now being faced.”
The Court directed all the concerned authorities at the vaccination centres to inform the local police station well in advance about the vaccination dates, in which event, sufficient force will be deployed to avert crowding of citizens in excess of the available doses and ordered the State Police Chief to direct all the Station House Officers in the State of Kerala, through an appropriate circular to be issued e-mail within twenty-four hours, that any request from the vaccination centres for the deployment of force will be honoured and crowding in violation of the COVID protocols will be stopped, however, without the use of unnecessary force, but by empathetic persuasion.
The Court listed the matter on 20.05.2021 for the next hearing.
Case Details
Case: - WP(C) No.10845/2021(S)
Petitioner: MATHEW NEVIN THOMAS
Respondent: UNION OF INDIA & ORS
Judge: Justice Devan Ramachandran and Justice Dr Kauser Edappagath
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