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The Delhi High Court today slammed the Government of NCT of Delhi for their inability to preserve appropriate doses of Covaxin for inoculating the residents of Delhi whose second dose is due and overdue. Court noted that the Kejriwal Government must refrain from shifting blames and instead focus on getting the requisite inoculations done.

The issue was regarding the lack of Covaxin doses for those who had already been administered the first dose of the indigenous vaccine.

The Single Judge bench of Justice Rekha Palli, while hearing a batch of pleas seeking directions to the Centre and GNCTD to ensure availability of second dose of CoWaxin took note of that fact that from May 1, 2021 to May 24, 2021, the State had administered vaccine to 1.5 lakh people in the age group of 18 - 44 years. 
The Court remarked that,

“People got the first dose with the belief that they'll get the 2nd dose within the stipulated time. What is their fault? On the 12th they were aware, they should have stopped. They were probably optimistic or you were overconfident of receiving vaccines from Bharat Biotech. You were probably too over confident.”

Advocate Anuj Aggarwal appearing on behalf of Delhi Government informed the Bench that no directions were issued from the Centre for reserving the stock for second dose. 

Relying on the letters addressed by the Delhi Government requesting for supply of vaccines from Bharat Biotech, he further submitted that, “Bharat biotech ensured us to supply 5 lakh doses for May, 20 lakh for June & 25 lakh vaccines in the month of July. This had to total upto 50 lakh, however we were later informed that we’ll only receive 90,000 doses”

He also informed about the Delhi Government decision wherein it directed the state and private hospitals to only inoculate vaccines to those whose second dose was due and overdue. 

It was also Advocate Aggarwal’s submissions that, “The picture that was projected to us was 5 lakh doses. We were supplied 1.5 lakh doses. Now we're standing at the stage where only 90k vaccines will be produced. We weren't aware of this. When we got to know, we directed for only administering 2nd dose.”

Opposing Advocate Aggarwal’s submissions and the contents of the letter dated May 11 received from Bharat Biotech, Advocate Deepak Parshar appearing for one of the petitioners submitted that, “On May 11, 2021 Bharat biotech communicated for refusal to supply additional vaccine. They still continued the drive & it was on May 24 that they decided to stop administering vaccines.”

Interrupting Advocate Parashar’s submissions, Counsel for GNCTD said, “The quantities that are being supplied to the states is as per the directions of the officers of the Central Govt.”

Justice Rekha Palli:
"You were well aware that you won't get CoWAXIN, you still continued administering it. Please come to that letter at page 11. Read para 2. Only if you were a little wiser. 12th May you were aware that they would not give you. You at least should have stopped"

At this juncture, the counsel for GNCTD stated,

"Bharat Biotech will have to be called so that they can clear our point. Vaccination in rural areas are going wasted & we're struggling here."

However, Justice Palli slammed the Delhi Government, adding that the problem must be solved instead of shifting blames.

"There is problem we need to solve. You are at fault too. You can't just blame. This issue we'll deal later. Its not the time now. Today you are raising your hands & saying that we can't do anything. Please give us a clear stand."
- Delhi Government to GNCTD

Appearing for one of the petitioners, Advocate Ashish Mohan requested the Court to pass directions directing the private hospitals to only administer vaccines to those whose second dose was due. He also suggested that only those whose vaccine was overdue could be permitted to register on the CoWIN App.

Further, Advocate Satya Ranjan appearing for the Centre while opposing Advocate Anuj Aggarwal’s contention that no directions were issued for reserving the second dose of vaccine submitted, “What my friend Mr Aggarwal is saying is completely opposite. We had clearly stated & directed them to reserve the vaccine for the second dose.”

The Court thereafter directed the GNCTD counsel to take instructions with respect to the issue pertaining to provision of second dose of Covaxin and further posted the matter to be heard on June 7, 2021.