A - FOCUS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the petitioner, the learned AGA appearing for the State Government and the learned ASG who is present for hearing via Video Conferencing.

(2.) This petition in the nature of a public interest litigation is filed by an Organization which is formed by members of the Bar. The first prayer in this petition under Article 226 of the Constitution of India is to call for status reports of funding, personnel, research title, duration of funding, research achieved, papers published from the Research Institutes which are being supported by the first to eighth respondents which are the State Government, Union of India and various Departments of both the Governments. The second prayer is to direct the first, sixth and ninth respondents to consider the representations/Letter Petitions dated 9th April 2020 and 13th April 2020 and to establish, maintain and monitor additional Laboratories at the cost of both the Central Government and the State Government out of their respective contingency funds. A direction is sought to commence serious research in COVID-19 and allied diseases in the additional Laboratories which may be established. The third prayer is to issue a writ of mandamus to the second to fifth, seventh and eighth respondents to forthwith make a provision in the proposed Research Laboratories for unique, innovative and new parallel system for independent research in human virus and other diseases. The next prayer is to direct the Government to frame a scheme or protocol to engage services of interested persons qualified with Doctorate/Post graduation degrees held in the respective fields relating to the cells and cell biology, biotechnology etc. The further prayer is to direct the State Government to frame a scheme or protocol even to engage the services of retired professors, scientists and interested experts in the field of research to overview and review the research work being done from time to time. The further prayer is to direct the Government to cause conduct of research on the basis of modern scientific method followed in the Allopathic system of medicine, drugs being propagated by non-allopathic systems of medicine like Ayurvedic, Unani, Homeopathy systems of medicine and confirm their truthfulness and rule out the false claims. The next prayer is to seek a writ of mandamus to the Government to form Audit/Review Committee of scientists or reputed persons to overview and review the progress made by the existing scientists in the existing approved Laboratories, the funds so far utilized by them, the papers published by them, the data collected but not yet analyzed etc.,

(3.) There is a prayer for interim relief to constitute a Committee of experts at State Level under the supervision and headed by a Sitting Judge or a retired Judge of this Court and consisting of chosen eminent scientists and experts from ISRO, DRDO, Director, Disease Control Institute, Bengaluru etc. There are several other prayers in the nature of interim relief in the aid of final relief.