Petitions seeking government action regarding Swine Flu control and suspension of international flights were disposed of as sufficient measures were already in place according to affidavits filed by the Central and State Governments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
kps
I N THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.170/2009
with
CIVIL APPLICATION NO.110/2010
Association for Aiding Justice.
..Petitioner
-Versus-
Union of India and others.
..Respondents.
AND
PUBLIC INTEREST LITIGATION NO.130/2009
V.P. Patil.
..Petitioner
-Versus-
Union of India and others. ..Respondents
Mr.D.U. Siroya for the Petitioner in PIL No.170/2009. Mr.V.P. Patil, the petitioner in person in PIL No.130/2009. Mr.Y.S. Bhate a/w Mr.D.R. Shah, for the Respondent No.1/UOI. Mr.A.H. Palekar, A-Panel Counsel for the Respondent No.3.
CORAM : MOHIT S. SHAH, CJ & S.C.DHARMADHIKARI, J.
Date : 15th July, 2010.
P.C.
1 In PIL No.170/2009 purporting to be filed by the
2
“Association for Aiding Justice”, the prayers are to direct the Respondent authorities i.e. Union of India and the State Government to take up immediate measures forthwith for tackling with the Swine Flu and to take effective measures for controlling its massive spread.
2 In PIL No.130/2009, the Petitioner is lawyer by profession and has prayed for direction to the Union of India that air travellers from foreign countries should not be allowed to land on Indian soil till there is eradication of Swine Flu or medicines on Swine Flu are easily made available in the country. The Petitioner has also prayed to the Union of India to suspend all international flights coming to India.
3 In response to the PIL No.170/2009, the affidavit in reply dated 17th September, 2009 is filed by the Additional Director, CGHS, Mumbai indicating various steps being taken by the Government of India including airport, seaport and border surveillance, community surveillance, diagnostic capacity, hospital preparedness, stockpile of anti-virals and personal protective equipments anti-viral drug and vaccines. The Government of India has also undertaken the media campaigning for information, education and communication in this regard and has also taken steps for monitoring all these activities. So also the affidavit in reply dated 09th November, 2009 is filed by the Deputy Secretary, Public Health Department, State of Maharashtra, Mumbai indicating various steps being taken by the State Government.
4 In view of the contents of the above affidavits, we are of the opinion that nothing further is required to be done in these
3
petitions. The petitions are, accordingly, disposed of. 5 In view of disposal of the petitions, Civil Application No. 110/2010 does not survive and the same is also disposed of.
CHIEF JUSTICE
S.C.DHARMADHIKARI, J.
Association for Aiding Justice
V. P. Patil
Union of India
MOHIT S. SHAH
S.C. DHARMADHIKARI
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
