The Supreme Court of India has suggested that a man, who claimed to have developed a permanent physical disability after receiving the Covishield vaccine, should consider filing a suit for damages instead of pursuing a writ petition. The petitioner had approached the Court seeking compensation and medical cover from the Union Government and the Serum Institute of India, the manufacturer of the vaccine.
A Bench comprising Justice B.R. Gavai and Justice A.G. Masih heard the matter. The Court expressed concern over the delay often involved in resolving writ petitions and suggested that a civil suit might offer a faster remedy.
"How can a writ petition be filed for this? File a suit for damages,"
— Justice B.R. Gavai remarked at the outset of the hearing.
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The petitioner's counsel informed the Bench that similar petitions were already pending before the Court, and the petitioner had been declared 100% disabled in the lower limbs following the vaccine. However, Justice Gavai pointed out that a writ petition might linger for years without any resolution.
“If you keep the petition pending here, nothing will happen for 10 years... you will only have hope... at least if you file a suit, you will get some relief in 1 to 3 years,”
— Justice Gavai stated.
In response, the counsel sought time to obtain instructions from the petitioner, and the matter was adjourned.
The petitioner, represented by Advocate-on-Record Purushottam Sharma Tripathi, had approached the Court with multiple requests. These included a plea for reimbursement of medical expenses, future medical care, and compensation for the disability allegedly caused by the vaccine. He also urged the government to issue clear guidelines to address Adverse Effects Following Immunization (AEFI), particularly in the context of COVID-19 vaccinations, where he claimed that proper protocols were not followed.
The petition relied on several legal principles including parens patriae, absolute liability, and restitutio in integrum, along with fundamental rights under Articles 14, 19, and 21 of the Constitution of India.
Case Title: PRAVEEN KUMAR vs UNION OF INDIA AND ORS., W.P.(C) No. 263/2025.
