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Public Interest Litigation: Constitution of India – Arts. 32 and 136 – Report of Parliamentary Standing Committee – Reliance upon – Parliamentary proceeding and its privilege – Scope of judicial review – Irregularities in the clinical trials for Human Papilloma Virus (HPV) vaccine – Justifiability of action taken by Drugs Controller General of India and Indian Council of Medical Research pertaining to approval of vaccine – On facts, HPV vaccine manufactured by pharmaceutical company, for preventing cervical cancer in women – Experimentation of the vaccine as an immunisation by the Government of Gujarat and Andhra Pradesh on young adolescent girls – Untimely death of the girls – Irregularities and health risk of HPV vaccine pointed out by health activist – Appointment of Parliamentary Standing Committee to enquire into the alleged irregularities – 72nd and 81st Standing Committee Report indicating various shortcomings and lapses of the Government Departments, ICMR, NGO and Pharmaceutical Companies – Thereafter filing of writ petition by activist challenging irregularities in the clinical trials – Reliance placed on the report of the Parliamentary Standing Committee by petitioners – Case of Union of India that the Reports could neither be looked into nor relied by this Court – Questions framed by two-Judge Bench for reference to Constitution Benchwhether in a litigation filed before this Court either u/Arts. 32 or 136, the Court can refer to and place reliance upon the report of the Parliamentary Standing Committee; and whether such a Report can be looked at for the purpose of reference – Held: Per curiam: In a litigation filed either u/Arts. 32 or 136, judicial notice can be taken of the Parliamentary Standing Committee report, however, the report cannot be impinged or challenged in a court of law. Arts. 32, 136 and 105 – Report of Parliamentary Standing Committee indicating irregularities in the clinical trials for Human Papilloma Virus (HPV) vaccine – Reference to and reliance upon by this Court – Held: Per Dipak Misra, CJI:(For himself and Khanwilkar, J.): Parliamentary Standing Committee report can be taken aid of for the interpretation of a statutory provision – Judicial notice can be taken of the Parliamentary Standing Committee report u/s. 57(4) of the Evidence Act and it is admissible u/s 74 of the Act – In a litigation u/Art. 32 or Art. 136, this Court can take on record the report of the Parliamentary Standing Committee, however, it cannot be impinged or challenged in a court of law – Where the fact is contentious, the petitioner can always collect the facts from many a source and produce such facts by way of affidavits, and the Court can render its verdict by way of independent adjudication – Report being in the public domain can invite fair comments and criticism from the citizens – Per Chandrachud, J. (for himself and Sikri, J.): Reliance upon the report of Parliamentary Standing Committee can be placed in proceedings u/Art. 32 or Art. 136 – On publication of the report, its reference in the course of judicial proceedings would not constitute a breach of parliamentary privilege – Validity of the report cannot be called into question in the court – No Member of Parliament or person can be made liable for what is stated in the course of the proceedings before a Parliamentary Committee – When matter before the court assumes a contentious character, a finding of fact by the court must be premised on the evidence adduced in the judicial proceeding – (Per Ashok Bhushan, J): Reports submitted by Members of Parliament fully covered by protection extended u/Art. 105 and they cannot be held liable for anything said by them in Parliament or in any committee – Publication of the reports not being only permitted, but also are being encouraged by the Parliament and on publication it can be used by the public in general – Judicial notice can be taken of the course of proceedings of Parliament and the Legislature u/s. 57(4) – Parliamentary Committee Reports can be relied on for noticing an event or history however, no party can be allowed to ‘question’ or ‘impeach’ report of Parliamentary Committee – Admissibility of a Parliamentary Committee Report in evidence does not mean that facts stated in the Report stand proved – When issues of facts come before the Court for adjudication, the Court is to decide the issues on the basis of evidence and materials brought before it. Arts. 105, 118, 194, 121, 122 and 212 – Parliamentary privileges – Powers, privileges, etc of the Houses of Parliament and of the members and Committees thereof – Publication of the parliamentary proceedings – Explained. Parliamentary proceeding and parliamentary privilege – Scope of judicial review – Explained. Parliamentary Standing Committees – Role, Relevance and significance – Explained. Parliamentary Standing Committees – Parliamentary Committees in England, United States of America, Canada, Australia – Role and responsibility – Stated. Foundational fundamentals – Supremacy of the Constitution, Constitutional limitations, doctrine of separation of powers, power of judicial review, interpretation of Constitution, interpretation of fundamental rights and interpretation of other constitutional provisions – Analysis of. Evidence Act, 1872 – s. 57(4) – Parliamentary proceedings – Applicability of the Act – Facts of which Court must take judicial notice – Held: Under s. 57(4), the course of proceeding of Parliament and the Legislature, established under any law are facts of which judicial notice shall be taken by the court – Parliamentary standing committee report can be judicially taken note of as such report comes within the ambit of s. 57(7) – Parliamentary standing committee report being in the public domain is a public document, thus, it is admissible u/s. 74 of the Act. |
