JAYAPRASAD KARUNAKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Homoeopathic Practitioner conducting a Medical Centre at Thiruvananthapuram, is before this Court seeking a writ of Mandamus directing the respondents to ensure that the petitioner is not obstructed in any manner from performing in accordance with Ext.P4 judgment of the Hon'ble Supreme Court.

(2.) The petitioner claims that he has 17 years of practice and experience in treating chronic illnesses including viral diseases. The petitioner had presented research document on HIV Virus treatment in the International AYUSH Conclave, after having selected from among 107 academicians. The petitioner has also treated and saved serious Covid-19 patients in foreign countries. However, when the petitioner attempted to treat Covid-19 patients at Thiruvananthapuram recently, he was informed by the officials of the State Health Department that action will be taken against him under the Disaster Management Act.

(3.) The learned counsel for the petitioner Sri. V.T. Madhavanunni would contend that the Hon'ble Apex Court has upheld the right of Homoeopathic Practitioners to treat Covid-19 patients and hence invoking provisions of the Disaster Management Act against the petitioner is highly arbitrary and illegal. The action of the Governmental authorities offends the right of the petitioner guaranteed under Article 19(1)(g) of the Constitution.