The Madhya Pradesh High Court has dismissed a PIL seeking direction to the State Government to appoint a complaint officer at the district level, who would receive and redress the complaints regarding vaccination and certification.
Petitioner Amitesh Pandey filed the PIL seeking the following reliefs:-
“(i) Firstly, that this Hon’ble Court may kindly be pleased to direct the respondents to rectify such fake data and update the correct details on relevant portal.
(ii) Secondly, that this Hon’ble Court may kindly be pleased to direct the State Governments to appoint a complaint officer at district level who would receive and redress the complaints regarding vaccination and certification.
(iii) Thirdly, that this Hon’ble Court may kindly be pleased to direct the respondents to make sufficient arrangements regarding enough publication of the details regarding complaint officers and redress mechanism (whatsoever employed by the respondent as per convenience and practicability) through various newspapers, online platforms, hoardings, etc.
This would efficaciously and effectively enable the aggrieved to approach the proper channel. Moreover,the publication would enable awareness for the prospective victims.
(iv) Fourthly, that this Hon’ble Court may kindly be pleased to constitute a high-level special investigation team (SIT) to look into such matters and receive reports on such matters from all the StateGovernments/UTs. The team may be asked to submit a detailed report with suggestions for improvisation about vaccine data management and its corrigibility within six months of its constitution.
(v) Fifthly, that this Hon’ble Court may kindly be pleased to direct the respondents to incorporate an additional verification feature on Cowin portal as here recommended by the petitioner. Whosoever get registered for vaccination is being sent a code of which last four digits are required by the responsible staff to generate certificate. This is critical step where’s mistake is most likely to happen in feeding those four digits. The person responsible is generally in haste give the long que before him/her. The petitioner suggests an additional verification at this stage by allowing a code/OTP to be sent to the recipient’s registered mobile number before generating the certificate. This would ensure correctness, veracity and efficiency in generating correct vaccination certificates and data anomalies would be avoided.
(vi) Sixthly, that this Hon’ble Court may kindly be pleased to direct the respondent No. 1 to update a system that the person who has been vaccinated and issued a vaccination certificate, the photograph of his/her should also be affixed on their certificate. By Which it will easy to identify him/her.
(vii) Any other relief/reliefs, order/orders,direction/directions which this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience may kindly be granted to thepetitioner.”
The case of the petitioner is that he lodged a complaint with theSecretary to the Prime Minister of India . The same appears to have been forwarded to the State of U.P.wherein the petitioner was informed that the matter pertains to the State Of M.P. and hence, he should approach the authority of MadhyaPradesh. Rather than doing so, the instant petition is filed , held by the High Court.
Having heard the party in person, the Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra said they did not find any reason to entertain the petition.
The Bench observed that the appropriate authority would be the concerned authority in the State of MP. The petitioner is expected to approach the authority for whatever relief he thinks is appropriate. Only thereafter would he file a public interest litigation on various grounds. To directly file a public interest litigation, in view of the Court, may not be appropriate, observed the High Court.