SC junks plea on Medical Research Policy, says Interested Parties can’t file PILs

The Supreme Court on Thursday refused to entertain a plea seeking implementation of Niti Ayog’s recommendations on medical research policy in the country, saying an interested party cannot file a public interest litigation.

A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Satish Chandra Sharma said the PIL petitioner, K M Cherian, prima facie is an interested party as his firm, which was involved in medical research, is facing insolvency proceedings.

“This person is himself embroiled in proceedings. For people who have private interests cannot parade around as public interest petitioners. Merely because he comes here and says there is public interest, we are not bound to look at it. This is what is happening with PILs these days,” the bench said.

It refused to accept the submission of lawyer Prashant Bhushan that other important aspects have also been raised in the PIL which can be looked at.

The lawyer said financial institutions, after giving loan to a project relating to medical research, do not consider the aspect that such endeavours take time.

“We will not interfere at least in this petition,” the CJI said.

The bench noted that the petitioner’s firm was involved in insolvency proceedings and the liquidation process was underway.

“The PIL is, in fact, relatable to the previously withdrawn SLP (special leave petition) of the firm. We are therefore not inclined to entertain the petition,” the bench said.

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