HC sets aside order on early 2nd vaccine dose

THIRUVANANTHAPURAM: In a relief for the Union government, the Kerala high court on Friday set aside its earlier order that directed the Centre to allow eligible people take the second dose of Covid-19 vaccine, Covishield, after a gap of four weeks, instead of the mandatory 84 days.

Setting aside the September 3 judgment of a single bench of justice PB Suresh Kumar on an appeal filed by the Union government, a division bench of chief justice S Manikumar and justice Shaji P Chaly allowed the Centre’s contention that the 84-day gap between two doses of Covid-19 jabs was fixed as per the advice of the global advisory committee on vaccine safety.

The Centre also contended that the single bench’s intervention was against the government’s vaccine policy and triggered enough confusion.

“Once it is established that the government acted on the basis of such advice, it is for it (the Centre) to decide how to go about it, in order to get rid of the emergent Covid-19 situation…such expert advice, on the basis of scientific study, cannot possibly be substituted by a judgment of constitutional courts, especially when no materials are produced before the court to show that the expert and scientific advices given are hasty, bad or ill advised,” the division bench said in its judgment.

The HC also agreed to the Centre’s argument that the earlier verdict was against the settled norm that the court cannot interfere with policy decision of the Union government.

“The order, if allowed, would set at naught the national policy for vaccine and would cause serious prejudice for the larger segment. The judgment would militate against the settled position that in matters related to government supported by scientific study, the court shall not meddle with it to substitute its view,” the Centre said, adding that if the single judge’s decision is not set aside, it could derail the vaccination policy of the nation.