Rajasthan High Court: A Division Bench of Sabina and Manoj Kumar Vyas, JJ., dismissed the petition being devoid of merits.
The present petition was filed by the Petitioners by way of Public Interest Litigation under Article 226 of the Constitution of India praying to direct the respondent to ascertain if any vaccine is covered by any patent/s, as well as to issue government authorization under Section 100 or compulsory license Section 92 of the Patents Act.
It has also been sought that a direction been issued to Drugs Controller General of India (DCGI) through Respondent 1 to take measures to share the trade secrets related manufacturing process of vaccines to scale up the production of vaccines;
A direction to the respondents was also sought to identify potential state-owned vaccine manufacturers to avert the shortage of vaccines;
A direction to the respondents was also sought to disclose its plans to increase production capacities of vaccines of private and public sector units and how much investment it is proposing to make in the public sector units;
The Court held “After hearing petitioner No. 2, we are of the opinion that no ground for interference while exercising extraordinary writ jurisdiction, is made out as the issue involved in the present case relates to a policy decision to be taken by the respondents.”
[Mallika Singh v. Union of India, D.B. Civil Writ Petition (PIL) No. 5947/2021, decided on 28-06-2021]
Arunima Bose, Editorial Assistant has reported this brief.
Appearance:
Counsel for petitioner: In-person