Shaffique,J
Petitioner has approached this Court inter alia seeking for a direction to respondents to stop mass cutting/killing of birds on the ground that those are infected by Avian flu (H5N1) and for a direction to permit the poultry farmers to continue hatching process in the area other than in poisonated paddy fields.
2. Petitioner claims to be a traditional medical practitioner in Homoeopathy. According to her, when Avian Flu was reported, she conducted certain study in the matter and found that the reason for the said disease is on account of the birds being fed in the wet lands and contaminated paddy fields where the farmers are using fertilizers for paddy cultivation. Further, it is contended that the medicine now proposed by the State Government that is 'Oseltamivir' for preventing the disease from spreading among the human beings, is injurious to health for the human beings as per the clinical study conducted by the U.S.Laboratory Further, the petitioner contends that in Homoeopathy, the best medicine for preventing Aavian flu which is harmless to human being is available It is, on this basis that the public interest litigation has been filed.
3. The averments in the writ petition discloses the fact that the medicine now offered by the State Government is not suitable for preventing Avian flu whereas it causes damage to the birds and it may affect the human body as well. Petitioner offers some other medicine which according to her, is the most suitable medicine which could be utilised for preventing Avian flu. This however, is a matter which has to be considered by the appropriate authorities and this Court cannot sit in judgment about the suitability of the medicine given by the State Government. Prima facie, when the medical authorities or the State Government prescribes a medicine for a particular disease, it has to be assumed that they have conducted proper research in the matter. If the petitioner has a better medicine which is suitable, it is for the petitioner to approach the competent authorities. No materials are available for this Court to interfere with the decision taken by the Government in this regard.
In the said circumstances, reserving the right of the petitioner to approach the Government with any such suggestion in this regard, this writ petition is dismissed.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr