"Fashion To Translate Ideas Into Writ Petition": Delhi HC Imposes 10K Cost On Plea Seeking Details Of Foreign Vaccine Makers Asking For Approval In India

Dealing with a petition seeking details and data with respect to foreign vaccine manufacturers who have applied for approval in India and the status of such applications, the Delhi High Court on Tuesday (May 18) observed that the "petition is a classic example of a Public Interest Litigation being converted into a private inquisitiveness litigationThe Bench of Chief Justice D. N. Patel and Justice Jyoti Singh observed that it was open to the Petitioner to seek information by resorting to appropriate remedies, available in law, including under the Right to Information Act, 2005.The Court, in its order, observed,"The nature of reliefs sought indicates that the Petitioner is using the medium of this writ petition to collect information from the Government Departments, which is impermissible in law. We see no reason to entertain this writ petition, while exercising powers under Article 226 of the Constitution of India."The Court also noted that without resorting to the remedies available to seek information or even preferring a representation before the Competent Authority, the petitioner had rushed to the Court using the writ petition as a tool to collect information and evidence.Significantly, the Court also observed that increasingly,"Writ petitions are being filed for the slightest of cause, without availing the alternative methods of ventilating the grievances. Public Interest Litigation, was an innovation to protect human rights, encompassing, over a period of time, subjects such as environment protection etc. but can certainly not be allowed to become a publicity interest litigation."The Court also noted that it had indeed become a fashion to translate whatever ideas come into the human mind, into a writ petition and file the same in the form of Public Interest Litigation.Lastly, stressing that writ jurisdiction under Article 226 of the Constitution of India cannot be permitted to be misused, the Court dismissed the writ petition with costs of Rs.10,000/- (Rupees ten thousand only) to be paid by the petitioner to the Delhi State Legal Services Authority (DSLSA) within four weeks.The aforesaid amount shall be utilized for the programme 'Access to Justice', added the Court.Case title - Mayank Wadhwa v. Union of India and Ors.Click here To Download OrderRead order

"Fashion To Translate Ideas Into Writ Petition": Delhi HC Imposes 10K Cost On Plea Seeking Details Of Foreign Vaccine Makers Asking For Approval In India

Sparsh Upadhyay

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