No replacing Doctors: SC slams Commerce Graduate Seeking to prescribe COVID treatment
New Delhi: Lashing out at a Commerce graduate petitioner with admittedly no expertise on medical subjects, the Supreme Court on Friday imposed a fine of Rs 1,000 on him for seeking directions to allow him to prescribe test and treatment for Covid-19.
The Court initially imposed costs of Rs. 10 lakh, however, on being informed that the petitioner is unemployed with a bank balance of Rs. 1,000, it reduced the costs to Rs. 1,000.
The bench comprising of Chief Justice Ramana, Justice Surya Kant, and Justice A. S. Bopanna noted that the petition seeking direction on medication and treatment of COVID-19 was apparently "frivolous as the petitioner does not possess any specialized knowledge in the subject."
The order of the Apex Court comes after the petitioner challenged the judgment of the High Court of Calcutta in the matter and approached the topmost court of India. Disposing of the petition, the Supreme Court bench led by the Chief Justice of India (CJI), directed the petitioner to deposit Rs. 1,000 with the State Legal Services Authority, West Bengal and submit a report regarding the matter before the Apex Court within four weeks.
The court noted;
"We see no reason to interfere with the judgment and order impugned before this Court. The writ petition is apparently frivolous as the petitioner does not possess any specialised knowledge in the subject. He himself admits that he is a commerce graduate and he wants this Court to direct what treatment and what type of tests should be conducted for COVID-19."
As per the latest media report by Live Law, after the matter came up for hearing on 30.04.2021, the Court asked the petitioner-in-person if he was a doctor and also what kind of knowledge did he have about Covid-19. The apex court bench also asked questions about the educational qualifications of the petitioner.
In reply, the petitioner informed the Court that he was not a doctor, but had a master's degree in commerce. The petitioner further argued that his plea was based on scientific papers, and not on his knowledge. The court remarked,
"You're not a doctor, medical student, or scientist. What's your knowledge of COVID!"
The court added,
"You want to prescribe covid medicines to the whole world? A commerce graduate will teach doctors medical professionals all over the world how to treat COVID? How much cost can we impose for filing frivolous plea and wasting time? We'll impose a cost of 10 lakhs for this."
Following this, the petitioner informed the court that he was unemployed and unable to pay the amount.
In response, the Supreme Court bench lashed out even more. It noted,
"So it's a business for you? Filing such frivolous writ petition."
It further reprimanded,
"What's your knowledge in science? And you want to give a lecture and give treatment to COVID people. And not being satisfied with observations of Calcutta High Court, you came here all the way? Because it's online so there's no expense, and you can talk anything?"
The daily adds that initially, the Supreme Court bench wished to impose a cost of Rs 1 lakh for filing such a "frivolous writ petition". However, as the petitioner submitted that he only had Rs 1,000, the Court imposed Rs 1,000 as a fine.
The court, subsequently held;
"The special leave petition is, therefore, dismissed with costs of Rs.1,000/-. The petitioner shall deposit the amount of costs with the State Legal Services Authority, West Bengal, and submit a report to this Court within four weeks from today,"
To view the original Supreme Court order, click on the link below.
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