Pooja Deelip Patil v. Union Of India And Others

1 10-pilst 11255-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION STAMP NO. 11255 OF 2020 Pooja Deelip Patil .. Petitioner

Versus

Union of India and others .. Respondents Ms. Pooja Deelip Patil (Party in person).

Mr. S. B. Deshpande, A. S. G. for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 06th JULY, 2020.

PER COURT:- .

Heard Ms. Pooja Patil, party in person.

2.

The present petition is filed in the nature of Public Interest Litigation. The learned counsel emphasizes that in this extra ordinary circumstance created by the pandemic of COVID-19, it is necessary to find a cure to highly contagious Corona virus at the earliest. The learned counsel further states that it is important to conduct research of the Corona virus Medical Kit / Coronil / Swasari Ayurvedic Product of respondent No. 3 to check its efficacy at the earliest. The people have choice to decide which medical treatment to prefer viz. Homeopathic, Ayurvedic, Alopathic and so on. The present petition is filed keeping in

2 10-pilst 11255-2020.odt mind the interest of public at large. The learned counsel further states that the authorities be directed to make appropriate scientific test immediately of the Corona virus Medical Kit / Coronil / Swasari invented by respondent No. 3.

3.

Mr. Deshpande, learned A. S. G. appears for respondent Nos. 1 and 2 and submits that for a medicine to be approved a long drawn process is prescribed. The same cannot be completed in haste. Many trials have to take place. The Government has directed respondent No. 3 not to promote the Corona virus Medical Kit / Coronil / Swasari as a medicine for COVID-19, but may use it as an immunity booster. 4.

We have considered the submissions canvassed by the petitioner and the learned A. S. G. for respondent Nos. 1 and 2. 5.

If, respondent No. 3 has come out with some medicine as it may claim, it is for the respondent No. 3 to follow all the procedure and the protocol for the approval of its medicine. The trials cannot be directed to be expedited dehors the protocol. The authorities will have to follow the protocol while approving a particular medicine. As stated by the learned A. S. G. for respondent Nos. 1 and 2, certain steps are already taken in respect of the medicine as claimed by respondent No. 3 and certain directions are also issued.

3 10-pilst 11255-2020.odt 6.

If the petitioner has some evidence of the efficacy of the medicine as contended, it may approach the authorities concerned. 7.

In the light of the above, the public interest litigation accordingly is disposed of. No costs.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.