'We Are Not The Legislature; Can't Issue General Directions' : Supreme Court Refuses To Entertain PIL Seeking Directions To Stop Sale Of Counterfeit COVID 19 Vaccine

The Supreme Court on Thursday refused to entertain a Public Interest Litigation petition filed seeking to direct the Central Government to issue directions under the Disaster Management Act to prevent the sale of counterfeit COVID-19 vaccines.

"You file a case with concrete facts. We cannot issue general directions. We are not the legislature", the Chief Justice of India told the petitioner Advocate Vishal Tiwari.

The petitioner submitted that many new issues have arisen after the starting of vaccination and that the INTERPOL has issued an orange notice alerting about fake vaccines.

However, the bench, also comprising Justices AS Bopanna and V Ramasubramanian, suggested that the petitioner should withdraw the present petition and file a fresh petition with concrete facts.

Accordingly, the petition was dismissed with liberty to file a fresh petition with concrete facts

The plea relied upon a recent Orange Notice issued by the Interpol on 2nd December, 2020, wherein all 194 member nations, including India, have been warned regarding the fake manufacturing and supply of Corona vaccine through websites.

It is stated that this global warning has been issued so that law enforcement agencies can equip themselves to prepare an "onslaught on all types of criminal activity linked to COVID-19 vaccine" as these networks would be targeting unsuspecting members of the public with the lure of false cures which can pose a significant risk to their lives.

"Our law Enforcement Agencies of Union and States have to be prepared promptly and Effectively. A separate law is required to deal with Such situation and to Stop and Bring any Criminal Organisation under the Law. The issue is connected with the life of the citizens and also with the public health and safety", submits that plea.

Noting that the criminal activity would be carried out through physical as well as online modes, and that the general public would be susceptible to getting easily attracted to the same due to the situation of fear and uncertainty that has been created by the pandemic, the plea prays for urgent and strict directions to curb the same.