Satisfied with Centre, Delhi Govt’s steps on swine flu: High Court

"Also, from the affidavits, sufficient steps towards research and prevention already appear to be underway," said the court.

Advocate Gaurav Bahl told the court that 5,000 to 10,000 people from “infested” states were entering Delhi via trains and flights everyday.

The Delhi High Court on Wednesday expressed satisfaction over the steps taken by the Centre and the city government in dealing with swine flu including availability of medicines and multiple testing at hospitals and laboratories. “We are satisfied with the steps already taken and being taken by the Centre and Delhi government in the matter,” a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said on a plea seeking a thorough check-up of people arriving from worst-affected states at airport and railway stations.

“Moreover, these are all policy and administrative matters, in which the courts ordinarily have no jurisdiction. The court is neither equipped to nor can itself take over the task of administering the city and dealing with problems thereof. No case of the failure of administration is made out, for this court to step in,” it said.

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The bench while disposing of the PIL filed by Leena Tuteja also said that if in future it is deemed expedient that any further step on the subject needs to be taken and the government or its agencies are lacking in it, a fresh plea can be made. Justice Endlaw, who penned down the judgement for the bench, said, “As far as public awareness is concerned, from our own experience of living in Delhi, we can record that there is no deficiency therein.”

“The subject is being actively debated and discussed in all strata of the society. Already enough panic exists about the disease. It is in the affidavit of Delhi government that it is only a certain category of influenza which requires the requisite preventing and protective steps to be taken,” the judge said.

The bench said that as far as plea for reducing the cost of the tests is concerned, without knowing as to what are the manufacturing and marketing costs and how much is the profit element, no general direction can be given. “We have no reason to disbelieve that the appropriate authorities constituted in this regard have applied themselves to the issue as well. Also, from the affidavits, sufficient steps towards research and prevention already appear to be underway,” it said.

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