KALPANA MEHTA AND OTHERS versus UNION OF INDIA AND OTHERS

Citation: [2018] 4 S.C.R. 1 · Decided: 09-05-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Reference answered

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Judgment (excerpt)

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[2018] 4 S.C.R. 1
KALPANA MEHTA AND OTHERS
v.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 558 of 2012)
MAY 09, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR, A. K. SIKRI,
DR. D. Y. CHANDRACHUD AND ASHOK BHUSHAN, JJ.]
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 Bench-
whether 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.
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SUPREME COURT REPORTS
[2018] 4 S.C.R.
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
Parliame

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