Mass Testing Case

Mass Testing Case

Mass Testing Case

Re: the Legality of testing Asymptomatic & Healthy people using Molecular tests which cannot evidence Infection

 

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Facts of the Case

  • Dates: Jan 11, 2022
  • Location: Bombay, India
  • Court: High Court
  • Case #: Writ Petition No. WPL/1018/2022
  • Plaintiff: Amber H. Koiri
  • Plaintiff’s Lawyer: Ohja
  • Defendant: State of Maharashtra & Others
  • Trial Type: Writ Petition
  • Judge:
  • Status: Decided
  • Verdict: for the Plaintiff


*This case was edited & reviewed by the Lawyer Dipali Ohja

*updated Feb 25, 2022

Background

The Petitioner has filed a writ on 8 Jan 2022 seeking investigation by premiere investigation agency of India – The Central Bureau of Investigation (CBI) into the decision of Maharashtra Government & Municipal bodies to test asymptomatic and healthy people and thereby causing misappropriation of public funds on massive scale.

The Petitioner is further seeking direction by the Officer of Maharashtra State government to not carry out contact tracing of asymptomatic contacts of a symptomatic case and further direction to the involved authorities to only test symptomatic people. For those with Covid symptoms, an RAT (Rapid Antigen Test) or RT-PCR test should be conducted, but the PCR cycle threshold should be reduced to 24 and no retest with a PCR should be done if someone is negative with the RAT test.

The Petitioner also seeks direction to all private bodies including societies, companies, schools, universities, banks etc. & all government officials/bodies to not mandatorily demand a negative test report from asymptomatic healthy people.    

 

Significance

this Writ Petition challenges the legality of pcr test without which the pandemic could end

 

Plaintiff’s Argument

  • Despite suggestions by experts and directions by the Central Government authorities, the State of Maharashtra is unnecessarily doing Covid-19 testing of asymptomatic & healthy people.
  • The orders passed by the State authorities are arbitrary, unlawful and based on bad faith and ulterior motives.
  • The policies of the State Authority are resulting in profits to private companies who are benefiting from the testing. This in itself represents an offense of misappropriation of public money and property punishable under Sec. 409, 52, 120(B), 34, 109 etc. of IPC.
  • The mandates by the state are unconstitutional, violating fundamental human rights of the citizen and therefore liable be quashed.

Expert Statements / Supporting Evidence

  • The plaintiff has provided a wealth of documentation supporting his argument comprising 85 articles, scientific and other reports, as well as relevant guidelines.

 

Defendant’s Argument

The hearing is yet to commence

 

Relevant Prior Judgements/ Cases

  • Honourable Supreme court in Noida Entrepreneurs Assn. vs. Nodia (2011) 6 SCC 508 has ruled that in such cases the investigation through CBI be ordered.
  • The corruption & frauds of state authorities is already exposed by Shri. Kirit Somaiya of BJP.

 

Decision

The Bombay High Court on Tuesday said the Maharashtra government’s orders of 2021 permitting only people fully vaccinated against COVID-19 to travel in local trains were “illegal” and brazenly affected the fundamental rights of citizens. A division bench of Chief Justice Dipankar Datta and Justice M S Karnik said the three orders signed by the government’s then chief secretary Sitaram Kunte were in clear diversion from the prescribed procedure under the Disaster Management Rules. [4]

“The orders passed by the former chief secretary were in clear diversion of the prescribed procedure. Due to the illegal orders, the fundamental rights of citizens were brazenly affected,” the HC said. [4]

On Tuesday, the government’s counsel, Anil Anturkar, informed the court that the three orders in question (issued on July 15, August 10 and August 11, 2021) stand withdrawn. [4]

“In spirit of the observations made by the high court, the three orders are withdrawn. The state executive committee would be holding a meeting on February 25 following which fresh directives would be issued,” Anturkar said. “We may withdraw the prohibition (on use of local trains by unvaccinated people or those who have taken one dose) or may impose it based on the present COVID-19 situation. At this stage, I cannot say anything further,” Anturkar said. [4]

The bench then pointed out that the number of people who tested positive for coronavirus in Mumbai on Monday (Feb 21, 2022) was at the lowest in 20 months. “We hope and trust that the state executive committee takes an appropriate decision on February 25, keeping in mind the declining trend of COVID-19 cases,” the HC said and posted the matter for further hearing on February 28. [4]

On Monday, Mumbai reported 96 new COVID-19 cases, the lowest single-day rise after April 17, 2020, as per the city civic body. [4]

The HC bench noted that Kunte’s orders breached the state disaster management rules and were issued in his individual capacity as chairperson of the state executive committee without there being any deliberation with the other members. [4]

“The chairperson has the powers to pass such orders only in emergency situations. But, we opine that none of the three orders rendered an emergent situation warranting the former chief secretary to pass such orders,” the high court said. The bench had on Monday asked the government if it was willing to withdraw the three circulars as they were not passed following proper procedure. [4]

 

Aftermath

  • Within two days of filing of this Petition, the Mumbai Municipal Corporation (local municipality) stopped testing at railway stations, beaches, markets and other crowded places. [1]
  • Also, ICMR (Indian Council of Medical Research) issued directions that the contacts of coronavirus patients are not required to undertake a Covid test. The close contacts will only require testing if they are identified as high-risk individuals based on their age or underlying health conditions.[2][3]

 


Further Research

Court Documents:
  • Read the Court Ruling
In the news:
  • …More information is needed…

 

Media



PCR Test Results Explained

source: shortXXvids



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Gates Vaccine Murder Case

Gates Vaccine Murder Case

Gates Vaccine Murder Case

Re: the culpability of Bill Gates & partners in the death of a man that died as a result of taking their product (the AstraZeneca Covid vaccine), an experimental drug that promised to save lives.

 

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Facts of the Case

  • Dates: Nov 25, 2021
  • Location: Bombay, India
  • Court: Bombay High Court
  • Case #: Criminal Writ Petition (St.) 18017 of 2021
  • Plaintiff: Kiran Yadav (Petitioner)
  • Plaintiff’s Lawyer: Dipali Ohja
  • Defendant: Bill Gates, Adar Poonawalla, The Indian State
  • Trial Type: Writ petition
  • Justices: Sarang Kotwal & Nitin Jamdar
  • Status: TBD
  • Verdict: TBD

*This case was edited & reviewed by the Lawyer Dipali Ohja

*Updated Feb 6, 2022

 

Background

According to advocate Dipali Ohja….. “The plaintiff (petitioner), Kiran Yadav (mother of deceased) has sought prosecution of AstraZeneca’s (Covishield) manufacturer Bill Gates, his partner Adar Poonawalla and other Government officials and political leaders involved in the murder of a 23 year old man, Hitesh Kadwe, who lost his life because of vaccination. The deceased took the Covishield vaccine believing in the false narrative that the vaccine is completely safe and also owing to the compliance requirement set by the Indian Railways that only double vaccinated people would be allowed to travel.”  (1)

This is a Writ Petition for direction of Investigation through premier investigation agency C.B.I. AND granting  interim compensation of Rs. 100 Crores ($ 13.4 million USD)

 

Significance

This case is the world’s first vaccine murder case against Bill Gates and his Indian partner, Adar Poonawalla, CEO of the Serum Institute of India.

 

Plaintiff’s Argument

  • The Government of India’s AEFI (Adverse Event Following Immunisation) Committee has recently admitted that the death of another deceased Dr. Snehal Lunawat, was due to side effects of the Covishield vaccine. [copy of AEFI certificate is annexed to the petition] The said report has exposed the falsity of the claim made by vaccine syndicate that vaccines are totally safe. (1)

  • Plaintiff has claimed Rs. 1000 crores ($ 134 million USD) compensation and has asked for interim compensation of Rs. 100 crores ($ 13.4 million USD). (1)
  • Plaintiff has also sought Lie Detector, Narco Analysis Test of accused Bill Gates and others. (1)
  • Petitioner has also referred to the proofs of sinister plan of Bill Gates in the polio vaccination programme which spoiled the lives of more than 4.5 Lakh children in India as they suffered a new type of paralysis. This is also an additional proof of Bill Gates’ perverted and criminal mindset. The Plaintiff also relied upon the criminal antecedents of Bill Gates in killing 8 female children by unauthorized trial of HPV vaccines in India. (1)

  • As per experts, there is no chance of Bill Gates getting bail in the case and all the movable and immovable properties of the accused will be confiscated soon. (1)
  • Various social organizations and common people have decided to exercise citizen’s right to arrest the accused as provided under section 43 of Cr.P.C. As per the said section, any citizen can arrest Bill Gates, Adar Poonawalla and other accused and handover them to the police. (1)
 
Related Prior Judgements/ Cases
  • The Plaintiff also relied upon the criminal antecedents of Bill Gates in killing 8 female children by unauthorized trial of HPV vaccines in India and judgment of Constitution Bench of the Supreme Court in Kalpana Mehta’s Case (2018) 7 SCC 1, which is a strong proof against Bill Gates and his vaccine syndicate. (1)
  • In a case before the American Court regarding the side effects of MR vaccines, the Court accepted the settlement of compensation of 101 Million US Dollars (around Rs. 752 Crores) to the victim. (1)
  • In another case in America, the CIA, FDA’s office of criminal investigation, recovered around 10.2 Billion US Dollar (around Rs.76,00 crores) from Pharma Company GlaxoSmithKline for various offences including suppression of side effects of the medicines and putting the life of Americans in danger. (1)

 

Defendant’s Argument

tbd

 

Decision

tbd

RFKjr on Bill Gates

source: Naomi Wolf

Bill Gates India Vaccine Program

source: Reality Check w Ben Swann

Bill Gates Conflict of Interest

source: shortXXvids

Gates, GAVI & WHO

source: theHighWire.com

Corruption in WHO/GAVI

source: Corona-Ausschuss

Meet Bill Gates

source: the Corbett Report

 

References

  1. https://indianbarassociation.in/worlds-first-vaccine-murder-case-against-bill-gates-adar-poonawalla-filed-in-indias-high-court/

 

Keyword

Vaccine induced death, mRNA vaccine, Covishield, vaccine, Dipali Ohja, India, Bill Gates, Adar Poonawalla, vaccine misinformation, Indian High Court, GlaxoSmithKline, Serum Institute of India, Snehal Lunawat, Writ petition, Hitesh Kadwe, murder


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