Plea seeking relief against faulty PPE kits, dismissed by Delhi High Court.
– Shubhangi Zite
The Division Bench consisting of Chief Justice D N Patel and Justice Prateek Jalan refused to provide relief in a plea seeking action against the manufacturer of faulty PPE kits. The Court noted that there are enough guidelines in place to ensure the quality maintenance of PPE kits.
The Court further noted that: ‘It ought to be kept in mind that if any Petitioner is alleging the violation of these guidelines, such violator shall be added as a party to such a petition so that notice can be issued to such a violator and action can be taken. As and when such litigation is moved before an appropriate forum, it will be dealt with in accordance with law and policy in force.’ Therefore the Court asked the petitioner to move his grievances before the appropriate forum.
The writ petition filed by Advocate Amit Jain asked for direction from Health Ministry to initiate legal actions against the manufacturer of faulty PPE kits under the Drugs and Cosmetics Act, 1940. The petition also mentioned about the regulation of the import, manufacture, sale, and circulation of PPE kits under the above-mentioned act. The petitioner further argued that it is the increased number of Covid-19 cases that has led to the multiple instances of manufacturing of faulty PPE kits and no action against them makes the scenario the worst. The petitioner submitted that the guidelines laid down by the Ministry of Textiles do not provide any penal provision for manufacturing faulty PPE kits.