[Hearing in Bombay High Court] Vaccination increasing the number of hospitalizations. No public good is achieved - Petitioner told High Court

  • High Court asked the petitioner to give the details of recent research and expert opinion on the affidavit
  • Request for transferring the case to another bench was not pressed when Chief Justice clarified that he is not having any personal relations with Chief Minister Uddhav Thackeray and the news published in the newspaper is wrong.

Mumbai: Today two PIL came for hearing before Bombay High Court. The petitions are filed by Mr. Firoz Mithiborwalla and Mr. Yohan Tengra of Awaken India Movement.

The main prayers in the petition were for quashing the restriction of entry in Local Railway, Mall etc. to only vaccinated people. Second prayer was regarding prosecution of the BMC Commissioner Shri Iqbal Chahal & Chief Secretary Sitaram Kunte and others for making the policy against the central govt guidelines

The matter came for hearing on 25th Division Bench headed by Chief Justice Shri Dipankar Datta, C.J. & Shri G.S. Kulkarni, J.  

Before arguing on merits, the Counsel for petitioner Shri Nilesh Ojha pointed out that, the Chief justice Shri Dipankar Datta is disqualified to hear the case as he is having personal relationship with the Chief Minister Uddhav Thackeray against whom prosecution is being sought as per section 51 (b), 55 of the Disaster Management Act, 2005

The Counsel relied upon the news published in Free Press Journal on 14th May 2021, where it is mentioned that the Chief Minister Uddhav Thackeray meats Chief Justice Shri Dipankar Datta in every 3-4 months.

Link: https://www.freepressjournal.in/mumbai/mumbai-cm-uddhav-thackeray-meets-chief-justice-dipankar-datta-at-bombay-high-court

Chief Justice Shri Dipankar Datta clarified that the said news is false, there are no such frequent meetings. His meetings with Chief Minister was only administrative and not personal.

Thereafter Counsel for petitioner not pressed the request for recusal and matter was argued on merit.

Adv. Nilesh Ojha further pointed out to the court that the condition putting restriction on entry is violative of the Article 14,19 & 21 of the Constitution and therefore illegal.

Counsel relied on the judgment of In Re: Dinthar Incident  2021 Scc OnLine Gau 1313 & Madan Mili Vs. UOI 2021 SCC OnLine Gau 1503 . In both the judgments the similar arbitrary orders of the state authorities were quashed by the High Court observing that the vaccinated and non-vaccinated people and therefore there cannot be any direction to discriminate between these two categories.

Then court asked as to whether there is any expert opinion  or research paper showing that the vaccinated people are at same risk as that of non- vaccinated people.

The counsel in reply shown some reports of experts and also pointed out a news from Bangalore where it is found that the more than 50% hospitalization is of vaccinated people. Hence, they are at more risk and vaccination is more dangerous. The court said that as per his opinion vaccines are not providing complete protection but providing some sort of shield. He asked Mr. Ojha to produce the concerned newspaper with authentic source as to in which newspaper the news of Bangalore is published.

Mr. Ojha gave reports of Israel where despite vaccination of majority of the people there is no relief and the cases are increasing rapidly. The Court said that the population of Israel is very less. Then Mr. Ojha pointed out the cases at Kerala where in Pathanamthitta Districts more than 40,000 vaccinated people get infected again despite vaccination. He pointed out that vaccinating everyone will not serve any public good.

Mr. Ojha also pointed out to the court that the most safest person is one who got natural immunity after cure from Covid infection or due to contract with virus.

Mr. Ojha appreciated the State Govt's. new circular where it is clarified that the people with medical conditions where they cannot take vaccines are also to be treated as vaccinated on producing doctors certificate.

As per research and experts opinion given by the world's renowned experts including Dr. Sanjeev Rai of AIIMS, New Delhi it is clear that the person having antibodies developed should not be given vaccines because firstly such persons are more than 13 times better than the fully vaccinated. Hence, it is waste of public money to give them vaccines. Secondly giving Vaccines to such person will cause serious damages to their health and body.

The above data is g oing to be filed in the court in additional affidavit.

The another Counsel Mr. Tanveer Nizam in his argument pointed out to the court that the vaccination may give side effects even after 2 years. He also pointed out the provisions of Universal Declaration of Bioethics & Human Rights, 2005 which preserves everyone's rights to choose or refuse the medicines.

Thereafter, one lady by name Kiran Yadav who is mother of a 23 year old son, who died on 29th September, 2021 within 3 hours of taking Covisheild vaccine, addressed the court in person.

She told the court that due to the such unlawful condition her son was compelled to take vaccine and he died. This is a clear case of murder. She requested the court to take immediate steps to stop further deaths of other people.

The court asked the lady to give death certificate of that her son. After looking the death certificate the court asked her to file affidavit regarding the same.

Said woman had already filed a complaint under section 302, 115, 409, 120(B), 34, 52 etc of Indian Penal Code against state's Chief Secretary Sitaram kunte, BMC commissioner Iqbal Chahal, CEO of Serum Institute (Covisheild) Sh. Adar Poonawala.

Copy of her complaint can be downloaded here. 

Copy of the petition you can download here Yohan Tengra

Copy of the petition you can download here Feroze Mithiborwala

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