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'Publicity Stunt' : Supreme Court Dismisses PIL For Action Against China For COVID Spread As 'Biological Weapon'

Sohini Chowdhury
10 Jan 2022 7:44 AM GMT
Publicity Stunt : Supreme Court Dismisses PIL For Action Against China For COVID Spread As Biological Weapon
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On Monday, the Supreme Court dismissed a Writ Petition filed by a lawyer enrolled with the Karnataka Bar Council seeking the Apex Court's intervention to direct the Centre to take action against People's Republic of China for spreading COVID-19 as a biological weapon. The Petitioner-in-person had also sought the Court's indulgence in passing directions to make certain addendums to...

On Monday, the Supreme Court dismissed a Writ Petition filed by a lawyer enrolled with the Karnataka Bar Council seeking the Apex Court's intervention to direct the Centre to take action against People's Republic of China for spreading COVID-19 as a biological weapon. The Petitioner-in-person had also sought the Court's indulgence in passing directions to make certain addendums to the National District Management Authority qua the research claiming virgin coconut oil dissolves the COVID-19 virus. The Supreme Court held -

"A petition has been filed under Article 32 of the Constitution of India by a petitioner who claims to be a lawyer seeking People's Republic of China is spreading COVID-19 as a biological weapon and the court should issue directions for the Government to take. To say the least, this is misconceived as it is for the elected Govt. to take action, if any action has to be taken. The Petitioner also wants certain addendums to National District Management Authority in that he says a respectable scientist who had conducted research to find a solution for COVID-19, in claim that virgin coconut oil dissolves the virus. We cannot let every person who thinks he has a solution to the virus to come up in a Petition under Article 32."

While dismissing the Writ Petition filed under Article 32 of the Constitution, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh reckoned that it was convinced that the Petitioner was pulling off a publicity stunt by filing a petition of such nature. However, the Bench observed that the Petitioner could make suggestions to the concerned authority.

"Nothing had prevented him from making suggestions to the appropriate authority. We do believe that the intention is to only be in the press and we expect the press not to oblige."

The Petitioner apprised the Court that he had filed the said petition to provide respite to the common people of the country from the grim COVID-19 situation.

"Your honor, I am appearing in person. I submit my humble prayer for admission of this petition for the interest of the people and for our country. It has got relevant information which is very essential."

Unconvinced that the petition could be entertained by the Court, the Bench stated -

"In courts you have to see what is international ramification, if China is carrying a a genocide."

On perusal of the petition, the Bench was perplexed as to what kind of relief it could provide -

"What kind of petition is this? You are a lawyer, you say that India has some right to control China and we don't want to leave it to the Government, but you want this virgin coconut oil to dissolve. What is going on?"

The Petitioner referred to a research, which he submitted was related to the COVID-19 virus.

"I may be allowed to submit the finding. The finding is related to COVID-19 virus. As per taking any action against China is as per the wisdom of the Hon'ble Court."

The Bench remarked that if at all any action is to be taken, it has to be taken by the elected Government. It would not be proper for a Court to indulge in such determinations.

"Government is already there. You have elected a Government."

The Bench opined that the Petitioner was appearing before the Apex Court simply for publicity.

The Petitioner reiterated that his petition is to provide relief to the common people who are living in constant apprehension of being infected by the COVID-19 virus.

"The prayer is very important, because it is giving relief to common people, so that can give life under fearless living in this COVID-19 situation."

[Case Title: Krishnaswamy Dhanabalan v. Prime Minister W.P. (C) No. 902 of 2021]

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