Vaccine manufactures Bharat Biotech Ltd and Serum Institute of India opposed the writ petition filed by Dr.Jacob Puliyel , a former member of the National Technical Advisory Group on Immunisation, seeking the data of clinical trial and adverse effects of COVID vaccines and challenging the vaccine mandates imposed by some States. Counsel for petitioner Advocate Prashant Bhushan argued that Phase III Trial of the vaccine has not been published.
Senior Advocate Guru Krishnakumar, appearing for Bharat Biotech, submitted that Covaxin was indigenously developed in association with the Indian Council for Medical Research, and it was published in Lancent medical journal in November 2021. It was further held that as per the WHO guidelines, it is not a mandate to disclosure the primary data. As per Section 8(1) (d) of the Right to Information Act, 2005, which exempts the disclosure of information including commercial confidence, trade secrets or intellectual property.
In support of Bharat Bio tech the argued that "As a matter of principle, they cannot ask for data. My data is with the regulator. That is where it should be. There is no locus for them (petitioner). Even under the RTI they have to show there is public interest. But, here, as Mr. Krishna Kumar said, it is in the contrary. My submission is that it is an infructuous petition",
Before the arguments of the vaccine companies, the States of Tamil Nadu, Maharashtra and
defended the vaccine mandates issued by them.
Opposing the above contention for vaccine trial data, Prashant Bhushan argued in Supreme Court that vaccines can't be mandated without evidence and unvaccinated persons pose health risk.