Supreme Court Stays Delhi High Court's Suo Moto Case On COVID Vaccination Priority For Legal Fraternity

The Supreme Court on Thursday restrained the Delhi High Court from proceeding with the suo moto case taken by it to consider including legal fraternity in the priority list for COVID-19 vaccination.A bench headed by the Chief Justice of India issued notices on the the petitions filed by vaccine manufactures Bharat Biotech Ltd and Serum Institute of India seeking to transfer to the top court the case in the Delhi High Court."Since the issue pending before this court is the same as the one pending before the Delhi High Court and in any case, related, we are of the view that suo moto writ petition pending before the Delhi High Court be transferred to this court", the bench, also comprising Justices AS Bopanna and V Ramasubramanian, observed in the order."The High Court shall not proceed in the meanwhile", the bench added in the order.The bench also granted permission to Serum Institute of India to amend its petition to cover similar petitions pending in other High Courts as well.The drug companies approached the top court against Delhi High Court's order to take a suo moto case to examine if judges, advocates and court-staff can be regarded as 'frontline warriors' for the purposes of vaccination priority. The Delhi High Court has sought for affidavits from SII and Bharat Biotech on their capacities. The High Court had also directed the Union to explain the rationale behind the vaccine criteria.Court room exchangeDuring the hearing, the bench also expressed that the concerns of lawyers should be considered by the expert group constituted by the Centre to deal with vaccination, as lawyers have to come into contact with people to earn livelihood. Solicitor General Tushar Mehta assured the bench that he will place the representations on behalf of legal community before the committee.Senior Advocate Mukul Rohathi, appearing for Bharat Biotech, took exception to the suo moto order passed by the Delhi High Court to disclose the capacity of the companies."We don't want to disclose our capacity", Rohatgi submitted.Senior Advocate Harish Salve, appearing for SII, said "For the court to say that it will decide if lawyers are front-line workers, is embarrassing, with due respect. How can the court get into the government criteria?".Solicitor General Tushar Mehta said that the Centre was supporting the plea of the companies to withdraw the petitions to the Supreme Court."This is an all India issue. It can't be decided at a state level", the SG said.The SG also said that the vaccination criteria has been formulated by the expert committee by following global standards. As per global norms, priority is given to health workers, then to frontline workers(such as police, municipal worker, sweepers). Next, persons aged above 60 years, and persons in the age bracket of 45-60 with comorbidities are given vaccines, having regard to the mortality risk, the SG explained. He also said that it will be difficult to consider competing claims raised by different professional groups seeking vaccination priority."I belong to the (legal) fraternity. I am also not vaccinated. How do I distinguish between a 35-year old colleague of mine and a 35-year old vegetable vendor who is doing business in market with equal bustle and hustle?. There are several such professions. How do we distinguish", the SG said.The SG added that tomorrow journalists may come with such a demand, followed by bank employees."We don't think a journalist has to come into contact with people..Advocates find it very difficulty not to meet people", CJI replied.After a brief exchange, the SG agreed that he will place the representations concerning legal fraternity before the expert committee, which will take a decision in the next 2-3 days. Last week, the Bombay High Court took a contrasting approach with respect to a similar plea. A division bench headed by Chief Justice Dipankar Dutta of Bombay High Court asked why should legal fraternity should be regarded as frontline workers.The Supreme Court is also considering a PIL filed by an advocate named Arvind Singh, seeking vaccination priority for legal fraternity. The Central Government has opposed that plea by saying that giving priority to a particular profession might be discriminatory.The Government through its affidavit by Ministry of Health and Family Welfare has submitted before the Court that it is not in larger interest of the nation that the Government starts sub classification based on profession, trade, or any other ground at this juncture.The Supreme Court Bar Association had written to the Union Law Minister Ravi Shankar Prasad in January, seeking the inclusion of legal fraternity among the category of 'frontline workers' for COVID19 vaccine. The letter requests for "Judges, judicial staff and members of the legal fraternity" to be included in the category of frontline workers "so that appropriate remedial measures are taken to prioritise and extend this vaccination programme to this...

Supreme Court Stays Delhi High Court's Suo Moto Case On COVID Vaccination Priority For Legal Fraternity

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