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Delhi High Court to hear petition challenging denial of information under RTI on cost of developing Covaxin

The Delhi High Court has said that it will hear the petitions challenging denial of information under Right to Information (RTI) Act about the investments and costs that went into developing Covaxin, India’s indigenous vaccine against COVID-19 on January 9.

Justice Prathiba M Singh said that it was an important decision and the court needs to consider this well before passing any order

Justice Singh, therefore, ordered the matter to be listed on January 9.

Lawyer and author T Prashant Reddy has challenged the orders of the Central Information Commission (CIC) and has filed three petitions in the High Court of Delhi.

The stand of the public information officers of Indian Council of Medical Research (ICMR), Ministry of Health and Family Welfare (MoHFW) and Biotechnology Industry Research Assistance Council (BIRAC) denying any information was upheld by the CIC.

Prashant Reddy wanted to have details from the MoHF about the purchase orders and advance purchase orders for COVID-19 vaccines.

He was also seeking copies of agreements to issue funds for two private entities under Government of India’s ‘Mission COVID Suraksha.

Prashant Reddy also wanted the copies of the research collaboration agreement between ICMR and Bharat Biotech along with the total costs and investments concerning the vaccine.

the information was however denied to him citing Section 8(1)(a) and 8(1)(d) of the RTI Act.

Under Section 8(1)(a) the public authority is exempted from providing any information which would prejudicially affect the sovereignty and integrity of India, security, strategic, scientific or economic interests of the State and relation with foreign States.

Under Section 8(1)(d) information regarding commercial confidence, trade secrets or intellectual property which would harm the competitive position of a third party is dealt.

the petitioner said that the refusal of ICMR to disclose details of vaccine collaboration agreement with Bharat Biotech under the RTI Act is wrong as a very big part of the public funds and resources were exhausted in developing Covaxin.

The plea mentioned that as on date of filing this Petition, more than 36 Crore doses of ICMR9s COVAXIN has been the administered in India. The Central Government 3 alone 3 has procured 35.7 crore COVAXIN doses at a total cost of Rs. 385.25 crores.

The petition also adds that the refusal of ICMR to provide data makes them non transparent as compared to leading public research institutions like the University of Oxford and National Institute of Allergy and Infectious Diseases that have published research collaboration agreements .

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