PIL for change in treatment norms dismissed with cost

It is just a publicity interest litigation: HC

The Delhi High Court on Tuesday dismissed a petition seeking change of the existing protocol for treating COVID-19 patients with cost of ₹25,000. The court said the plea was not a public interest litigation (PIL) but rather it was a publicity interest litigation.

The course of treatment was not fixed on some “ipse dixit” and was arrived at after discussions, tests and experiments by experts, a Bench of Chief Justice D.N. Patel and Justice Jyoti Singh said while rejecting the petition filed by two doctors and two research analysts.

The petitioners had claimed that use of antipyretics, like paracetamol, antibiotics and steroids should be restricted to severe cases of COVID-19 and not at the initial stage of the infection.

“It ought to be kept in mind that COVID-19 treatment protocol for the country is not fixed on ipse dixit [unproven statement]. It is fixed on the basis of variety of experiments, tests and discussions by experts,” the high court said.

‘Whimsical ideas’

The court said it was not going to direct the Niti Aayog and Indian Council of Medical Research (ICMR) to consider the petitioners’ representations as officials of both were busy dealing with COVID-19 and black fungus. “On every whimsical idea of petitioners, we cannot direct the respondents [Centre, ICMR and Niti Aayog] to decide representations, unless the facts of the case warrant the same,” the court remarked.

It further said what medicines are to be provided and in what dosage has been decided on the basis of experiments and verified data, which cannot be altered based on petitioners’ suggestions.

Source: Read Full Article