SC rejects pleas seeking care for non-Covid patients, toll-free number for vaccination registration

A Bench headed by Justice DY Chandrachud said that petitions have become infructuous due to changed circumstances.

Published On 2021-09-29 04:15 GMT   |   Update On 2021-09-29 04:15 GMT
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New Delhi: Holding that the pleas have become infructuous by subsequent developments and changed circumstances after lifting of lockdown measures, the Supreme Court on Tuesday declined to entertain two pleas seeking directions for adequate medical facilities to non-COVID-19 patients during the second wave of pandemic and registration for COVID vaccine by a toll-free number.

A Bench headed by Justice DY Chandrachud said that petitions have become infructuous due to changed circumstances.

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While disposing of plea seeking directions for registration for COVID-19 vaccine by a toll-free number, the Bench declined to hear it saying the COWIN app doesn't need only online registration and as a matter of policy walk-in registration are provided.

The plea has become infructuous by subsequent developments that have taken place and as a matter of policy walk-in registration is provided, the Bench said.

The PIL was filed by one Bibhuti Bhushan Mishra. The petitioner said that a toll-free number will take care of the difficulty people in rural areas face in registration.

"Your petition was filed in the month of May seeking setting up of a toll-free number for Covid-19 vaccination registration. Since then lots of development has taken place and after our June 1 order, the government has started a walk-in facility for vaccination. Now people, who are not registered can go to these centres and get themselves registered and vaccinated. The prayer in the petition has become infructuous," the bench told Mishra, who was appearing in person.

The bench said people who are not registered on the CoWIN portal can simply go to these walk-in centres and get themselves registered and take the vaccination for Covid-19, reports PTI.

"The petition has been rendered infructuous by subsequent developments that have taken place since it was filed on May 27, 2021, during the second ways of the Covid-19 pandemic. As a matter of policy, walk-in registrations have been permitted. Hence, no directions are necessary for the petition under Article 32 of the Constitution. The petition is disposed of," the bench said, in its order.

The Apex Court also disposed of another plea that sought direction to the Central Ministry of Health and Family Welfare and all states and union territories to provide adequate facilities to non-COVID-19 patients during the second wave of the pandemic.

The petition was filed by advocate GS Mani highlighted the hapless condition of non-COVID patients who are struggling for medical care and facilities in government and private hospitals across the states.

ANI reports that the plea filed during the second COVID wave had said health is a fundamental right, and States should take steps to provide medical care for non-COVID patients with heart or kidney diseases, pregnant women, HIV, hepatitis haemophilia, thalassemia, etc.

The petition stated that the COVID-19 second wave had been particularly devastating and medical care and facilities and hospitals had been converted for treating the pandemic patients. Despite this, hundreds were struggling to get proper medical admission, treatment and facilities.

The plea has claimed that due to the Covid-19 lockdown situation patients are struggling to get proper medical treatment and they are not getting admission, proper medical treatment, and facilities in government and private hospitals in all the States and UTs due to heavy rush in Covid ward.

"Many hospitals have stopped their emergency ward treatment and postponed major surgeries. Many non-Covid patients need regular treatment and care," he said in his plea.

However, the bench told the petitioner that he has filed his petition in May this year and now that lockdown is over, his plea has also become infructuous.

"The first prayer has been rendered infructuous since the lockdown has ended. The second prayer is overbroad since a general direction to enforce fundamental rights has been sought. In the circumstances, the petition is disposed of since no directions are necessary at this stage," the bench said, in its order.

The top court, however, granted him liberty to approach the court in case of any necessity in the future.

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Article Source : with agency inputs

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