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Supporting the government in its efforts to tackle Swine flu, Delhi High court refused to entertain a Public Interest Litigation (PIL) that sought court’s directions to the government to take effective measures to deal with the epidemic.

Stating that the government was doing its job to prevent the spread of the disease, a Bench comprising Chief Justice A P Shah and Justice Manmohan dismissed the petition filed by one Anjana Jain, a resident of Delhi, through counsel Sugriv Dubey on Tuesday.

Stating that the PIL was filed for publicity, the Bench said, “Central and state governments are alert and the court cannot take charge of the problem.”

“The court can interfere only when the state machinery fails. This (India) is not the only country in the world which is facing the problem, and there is no country in which the court has taken the charge of solving the problem,” the Bench said, while warning the petitioner not to file such PILs for publicity.

In her petition, Jain had alleged that hospitals run by the Centre and the national capital territory government do not have sufficient number of physicians, nurses and laboratory technicians. The petitioner also said that due to inadequate equipments in testing labs, medical staff were at high risk.

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7 years 1 month ago

the decision of delhi high court was aprreciable, but, the P I L filed by the public or advocates is to issue the writ of Mandamus to make the things make faster & especially in the sense of controlling the virus and making public awared that they too have active participation in prevention of the epidemic, as the court is the highest authority.