HC dismisses with Rs 25k cost plea for change in COVID treatment protocol

PTI, May 25, 2021, 5:08 PM IST

New Delhi: The Delhi High Court Tuesday dismissed with cost of Rs 25,000 a PIL seeking change of the existing protocol for treating COVID-19 patients, saying the course of treatment was not fixed on some “ipse dixit” and was arrived at after discussions, tests and experiments by experts.

A bench of Chief Justice D N Patel and Justice Jyoti Singh declined to entertain the plea, moved by two doctors and two research analysts, which had claimed that use of antipyretics, like paracetamol, antibiotics and steroids should be restricted to severe cases of COVID-19 and not at the initial stage of the infection.

The court said which medicines are to be provided and in what dosage has been decided on the basis of experiments and verified data and it “cannot be altered easily” on the basis of suggestions made by petitioners.

“It ought to be kept in mind that COVID-19 treatment protocol for the country is not fixed on ipse dixit (unproven statement). It is fixed on the basis of variety of experiments, tests and discussions by experts,” the bench said.

The bench also said that it was not going to direct the Niti Aayog and Indian Council of Medical Research (ICMR) to consider the representations made to them by the petitioners as officials of both were busy dealing with COVID-19 and black fungus.

“On every whimsical idea of petitioners, we cannot direct the respondents (Centre, ICMR and Niti Aayog) to decide representations, unless the facts of the case warrant the same,” it said.

The court said that if the instant petition was allowed, everyone would come to court with suggestions regarding medicines and their dosage to be provided to patients across the country.

It said the instant plea was not a PIL, rather it was a publicity interest litigation and directed the petitioners to deposit the cost of Rs 25,000 within four weeks.