"A demand to the proper authority is a sine qua non for issuance of writ in the nature of mandamus." a bench of Justice Rajnesh Oswal and Justice Pankaj Mithal said in the judgment.
The Jammu and Kashmir High Court has dismissed a petition that sought Covid-19 vaccination of prisoners lodged in different jails of the UT, asking the petitioners to submit a representation to the Director General of Prisons.
“A demand to the proper authority is a sine qua non for issuance of writ in the nature of mandamus. But we don’t find that the petitioners have approached the appropriate authority so as to bring their concern to their notice for any appropriate action,” a bench of Justice Rajnesh Oswal and Justice Pankaj Mithal said in the judgment.
“… we dispose of the writ petition with the liberty to the petitioners to submit a comprehensive representation regarding the registration and vaccination of the prisoners to the Director General of Prisons, UT of J&K. In the event any such representation is submitted, the Director General of Prisons, would consider it and take all possible and immediate steps for the registration and the vaccination of the prisoners or may formulate a policy or a scheme so that no inmate of the jail remains unvaccinated,” the bench said.
Source: Read Full Article