New Delhi: The Centre on Tuesday stated in the Supreme Court that the Covid 19 pandemic was “a disaster like no other” and vaccination saved people’s lives. The submission was made when a bench of Justices Vikram Nath and P B Varale was hearing a plea over the alleged vaccine-induced deaths of two women.
After additional solicitor general Aishwarya Bhati, representing the Centre, said Covid was a disaster like no other, senior advocate Colin Gonsalves, representing the women’s parents, responded, “We are not contesting that. We do not dispute.”
The plea, filed by the parents of the two women, claimed after the first dose of their Covishield vaccination, the women suffered severe adverse effects following immunisation (AEFI).
Bhati said the apex court had holistically looked into the aspect of Covid vaccination and delivered a verdict dealing with the aspect of AEFI.
“Ultimately, it is a question of balancing the equities. Covid was a disaster like no other,” she said, “covid vaccination has saved lives during the pandemic and we have a robust regulatory mechanism.”
The bench during the hearing observed, “These are all luxury litigations.”
Gonsalves said both the petitioners had lost their daughters after the vaccination.
“This court has entertained it (petition), we will have to decide it,” the bench remarked.
Bhati said the apex court issued notice to the Centre on the plea in August, 2022 and the government’s counter affidavit was on record.
Gonsalves, however, submitted it was a wider issue pertaining to vaccine-induced injuries without the disclosure of the remedies.
He said the petitioners had filed an application seeking amendment in the relief clause, which included the government specifying the possible adverse effects and its treatment.
The senior advocate argued in 2021, Covishield vaccine was discontinued in the European countries as it was dangerous.
The bench asked him to provide a copy of the application to the Centre’s lawyer within three days and told Bhati, “We are granting you time to respond to the application then we will take up the whole matter.”
The Centre was directed to respond to the application within four weeks following which the matter would be heard.
In its order on August 29, 2022, the apex court noted the submission that the 18-year-old daughter of one of the petitioners received the first dose of Covishield on May 29, 2021, and died on June 19, 2021.
The top court noted the submission of the other petitioner whose 20-year-old daughter received the first dose of the same vaccine in June, 2021 and passed away the next month.
“It is submitted that after vaccination, the girls suffered from severe adverse effects following immunisation. The petitioners had made representations to the authorities concerned which had not been adequately replied,” the top court had noted.
It had observed that ordinarily, the court would have considered relegating the petitioners to the appropriate regular remedies because the matter might involve determination of certain basic questions of fact to bring it within the four-corners of a case of medical negligence.
“… but, having regard to the post-mortem report filed with the additional documents, the submissions that the government has not responded to the petitioners’ representations, and the nature of reliefs claimed, it appears appropriate to call upon the respondents to reply,” it had said, issuing notice.
The plea sought directions, including appointment of an expert medical board, independent of the government, to inquire into the deaths of the two women and to share the report of autopsy and investigation with the petitioners in a time-bound manner.
