Libertatem Magazine

Andhra High Court Orders Chief Secretary of Government and Others to Not Interfere With Ayurvedic Practitioner Providing Traditional/Country Medicine for Coronavirus

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Petition filed under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus under Article 226 of the Constitution of India, declaring the action of the State authorities from restraining Sri. B. Anandaiah, Resident of Krishnapatnam Village, Muthukur Mandal, Nellore District who has been providing traditional/country medicine for CoronaVirus, i.e. 

  1. To prevent CoronaVirus and 
  2. To cure patients including serious patients 

In pursuance of interference by the Hon’ble A. P. Lokayukta or Suo-Moto, as arbitrary, void and without jurisdiction, if not unconstitutional, violating Articles 14 and 21 of the Indian Constitution, and issue consequential directions restraining the State authorities from interfering with regard to providing traditional/country medicine by Sri. B. Anandaiah, resident of Krishnapatnam Village, Muthukur Mandal, Nellore District, and directed the Respondents to forthwith allow Sri. B. Anandaiah to provide traditional/country medicine to Corona patients, without reference or pending investigation by providing sufficient infrastructure facilities including expenditure as well as maintaining law and order by appropriate police.

Arguments by the Parties

Sri Sumon Chinthala, learned Special Government Pleader, representing the office of the Advocate General, submitted that Mr Anandaiah, Ayurvedic Practitioner, is administering five types of ayurvedic preparations, which are known as ‘P, F, L, K and eye drops’ and the samples of ‘P, F and L’ were sent for analysis and they were found to be satisfactory and hence, the State Government do not have any objection for administering the said ayurvedic preparations to the needy people. So far as the ayurvedic preparation ‘K’ is concerned, the sample could not be drawn and analyzed, as the said ayurvedic preparation was not readily available with Mr Ananaiah. 

He further submitted that the said sample with regard to ‘K’ would be drawn as and when it is available with Mr Anandaiah and would be sent for analysis and a report would be submitted with regard to the said sample by 3.06.2021. As far as the eye drops are concerned, a learned Special Government Pleader submitted that the eye drops need further analysis which will take about two weeks. So far as the eye drops are concerned, as the analysis test is taking considerable time, this court asked the learned Special Government Pleader to suggest any measures that have to be followed while preparing and administering the said eye drops to make it safe for administration, for which the learned Special Government Pleader readily accepted to come back with suggestions by 03.06.2021 concerning eye drops.

Sri. N Aswin Kumar learned counsel submitted that the sample so far as ‘K’ is concerned will be made available for examination as soon as possible preferably by tonight. Learned Special Government Pleader further stated that the Superintendent of Police and the District Collector of SPSR Nellore District were asked to ensure that the Covid guidelines are followed by the people who gather to take ayurvedic preparations made by Mr Anandaiah. He also suggests that instead of patients directly coming to Mr Anandaiah, anybody on their behalf may come to collect the medicine to avoid spreading Covid-19. Anandaiah and District Administration is directed to discuss with regard to maintenance of Covid protocols and smooth administration of the medicine.

Court’s Observation

The court observed that the Petition under Article 227 of the Constitution of India Praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ or order or direction more particularly in the nature of Writ of Mandamus challenging the action of the State Government in stopping the Distribution of Mr Anandaiah Ayurvedic Covid-19 Medicine to the Covid-19 Patients and the General Public at Krishnapatnam, Nellore District, AP. The action of the Respondents Authorities is illegal, arbitrary and against Article 21 of the Constitution of India and consequently, direct the Respondents the following:

(i)To direct the Central Government and the State Government to approve the Anandaiah Ayurvedic Covid-19 Medicine as Ayurvedic Medicine to treat the covid patients;

(ii)To direct the State Government to provide all the infrastructures like ingredients, space, men, etc., to Mr Anandaiah for bulk manufacturing of the Ayurvedic Covid-19 Medicine for the purpose of free distribution of medicine to the general public and covid-19 patients;

(iii)To direct the State and Central Government to protect the rights of Anandaiah Ayurvedic Covid-19 Medicine as Indian Ayurvedic Covid-19 Medicine.

Court’s Decision

In view of the facts and circumstances and the categorical statement made by the learned Special Government Pleader, Mr Anandaiah, Ayurvedic Practitioner, is permitted to administer his ayurvedic preparations so far as ‘P, F and L’ are concerned to the needy people forthwith and the respondents are directed not to interfere with the said activity and to ensure the Covid guidelines.

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