Not For Court To Render Advice/Directions To Govt. About Line Of Treatment For COVID: Delhi HC Dismisses Plea With 25K Cost

The Delhi High Court this week dismissed a Writ Plea terming it as 'Publicity Interest Litigation' while observing that It is not for the Court to render advice much less issue directions to the Government on the line of treatment that is required to be followed for COVID.

The Bench of Chief Justice D. N. Patel and Justice Jyoti Singh was hearing a plea that sought modification of the treatment protocol of Covid-19 patients across the country, especially the management of mild cases.

Dismissing the petition with 25K Cost, the Court said:

"It is not for the Court to render advice much less issue directions to the Government on the line of treatment that is required to be followed, as we are sanguine that the departments concerned have the assistance of able and competent Doctors, Scientists and Researchers in the field, to assist in devising or improving the protocols."

The Petitioner had prayed before the Court that Union Ministry of Health be directed:

• To hold a double-blind human clinical trial on the "Safety and efficacy of the use of antipyretics in COVID-19 Moralities" forthwith and 
• To modify the Treatment Protocol of Covid -19 patients across the country especially the management of Mild Cases
• To lay down protocols against the use of antibiotics and steroids in the treatment of mild cases of Covid-19

Court's observations

The Court noted that while the object of the Petitioners may be laudable but it cannot lose sight of the fact that treatment protocol for Covid-19 patients in India has been devised by the experts in the field, after discussions, suggestions, trials and based on sound medical knowledge in this field.

Further, the Court remarked:

"The Court cannot readily accept the ipse dixit of the Petitioners based on some Research Papers. Treatment protocol of Covid-19 patients in India which includes administering medicines, injections etc. is a complex procedure and Court is not equipped with the necessary expertise or medical knowhow to even direct the Government to substitute one protocol with another."

The Court also observed that respondents have experts/multi-member committees for deciding the treatment protocol for Covid-19 patients in India and a team of experts is taking decisions based on verified data and trials and thus, those cannot be altered or even interfered with by this Court.

Further noting that it cannot give any such direction to the Respondents to decide the representations of the Petitioners for modification/change of the treatment protocol, the Court said:

"It is a matter of common knowledge that the officials in various Departments concerned with the Pandemic are already overburdened in handling the crisis of the Pandemic and they ought to be left to handle patients, their treatment and connected issues, rather than deciding representations of the Petitioners."

Case title - Vivek Sheel Aggarwal & Ors. Union Of India & Ors. [W.P.(C) 5510/2021]

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