LEGAL NOTICE FOR CONTEMPT OF COURT AGAINST DR. TEDROS ADHANOM GHEBREYESUS, DR. SOUMYA SWAMINATHAN AND THE DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS)

LEGAL NOTICE FOR CONTEMPT OF COURT AGAINST DR. TEDROS ADHANOM GHEBREYESUS, DR. SOUMYA SWAMINATHAN AND THE DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS)

The accused are served legal notice for their attempt to undermine the authority of the Bombay High Court and obstruct the use of Ivermectin for Covid-19 treatment.

On 13th June 2021, Indian Bar Association has served a notice upon Dr.Tedros Adhanom Ghebreyesus, Director General, World Health Organisation, Dr.Soumya  Swaminathan, the Chief Scientist at WHO and Prof. (Dr.) Sunil Kumar for contempt of judgment of Bombay High Court.

The Bombay High Court vide its judgment dated 28th May 2021 has already given a green signal for use of Ivermectin for treatment of Covid-19.

Despite this, all the three contemnors have hatched a conspiracy and by spreading misinformation through media, are fuelling confusion amongst doctors by introducing Guidelines allegedly published on 27th May 2021 by DGHS, which are in fact not mandatory and are overruled by the judgment of Bombay High Court dated 28thMay 2021.

The State Government of Goa, in their affidavit filed before Bombay High Court, has specifically pointed out that the WHO advisory against the use of Ivermectin is flawed and the research showed that the Ivermectin is effective for treatment of COVID-19. The Bombay High Court on 28th May 2021, after considering WHO advisory and all other contentions of the rival parties, came to the conclusion that the use of Ivermectin cannot be stopped. The High Court has also taken the note of the guidelines dated 17th May 2021 issued by Indian Council of Medical Research (ICMR), thereby advocating the use of Ivermectin.

Thereafter, a detailed and impactful article was published by the leading newspaper ‘Free Press Journal’ on 6th June 2021 (updated on 14th June 2021) wherein the author has articulated very well as to how the advisories of WHO are dubious.

https://www.freepressjournal.in/india/covid-19-are-whos-directives-being-taken-seriously-on-the-ground

Surprisingly, in its first, the Directorate of Health Services (DGHA) on 27th May, 2021 announced ‘Comprehensive Guidelines for Management of COVID-19 patients’ which excludes Ivermectin and several popular drugs.

It is worthwhile to note that DGHS is a repository of technical knowledge and is an attached organisation of the Ministry of Health & Family Welfare. The Guidelines/National Protocol have always been issued by the Joint Task Force of All India Institute of Medical Science (AIIMS) and Indian Council for Medical Research (ICMR) under the aegis of Government of India. Moreover, the document containing these impugned Guidelines does mention version/date and does not carry logos of Government of India, ICMR and AIIMS,suggesting lack of consensus between DGHS and the Joint Task Force.

Now, in order to diminish the impact of the article published on 6th June, 2021, the main accused Dr. Soumya Swaminathan hatched a conspiracy and managed some media houses to publish news on 7th June, 2021 for appreciating the overruled guidelines dated 27th May, 2021. Some of these media houses have showed astounding alacrity in publishing news hailing removal of Ivermectin and other drugs, thereby deliberately ignoring the mountains of clinical data on effectiveness of Ivermectin in treatment of COVID-19.

These impugned Guidelines issued by DGHS were circulated first on 7th June 2021, without any mention of the judgment of Bombay High Court dated 28thMay, 2021, which in fact is against the said guidelines, rendering these guidelines as null and void.

As per the judgment of Supreme Court of India, the person responsible for spreading information with object of creating confusion and to obstruct and undermine the judgment of court is liable for punishment under contempt of Court. Sections like 505,192,302, 115,109,409,120(B) of the Indian Penal Code are also attracted against the accused in this case, as their intention was to kill several people to fulfil their ulterior purposes.

The maximum punishment in above cases is death penalty.

The notice states that Dr. Soumya Swaminathan and the WHO are dishonest and have no scientific evidences to back their advisories and such loose statements are issued from time to time, to serve their ulterior purposes.

The relevant para of the notice reads thus;

“53.1. Each time and particularly from following specific instances, it is sufficiently proved that You Notice 1 & 2 do not possess any authentic and scientific evidences;

i) When the earlier Notice was served on Notice 1 on 25.05.2021, she has neither replied to the notice nor has she approached any court of law against us. On the contrary, she chose to delete the controversial tweet advising against the use of Ivermectin for COVID-19;

ii) When the Health Secretary of the State Government of Goa relying on affidavit of Under Secretary of Union of India made their submission on oath before Hon’ble High Court, with specific allegations against WHO that there are reports which have observed that the analysis by WHO on this medicine (IVERMECTIN) is flawed and that the mortality rate is actually much lower if the said medicine is used for early treatment as well as prophylaxis, neither you Notice 1 or 2 chose to produce any proof to counter the said report. As a result, Hon’ble High Court has refused to accept the advisory of WHO.

iii) When All India Institute of Medical Science (AIIMS) had published a statement on 24.05.2021 that there is no evidence to predict the third wave and its effect on children, you Notice 1 did not give any “Evidence” in support of your statement dated 25.05.2021 which was contrary to the said statement of AIIMS.

After you Notice 1 were served with legal notice on 25.05.2021, you feared for being exposed and being summoned in Court of Law and therefore you Notice 1 took a U turn and stated that there is no sufficient evidence to suggest that children would be affected in the third wave.

The agenda of misinformation is also exposed in the statement published in Press Bureau of India on June 8, 2021

“It is a piece of misinformation that subsequent waves of the COVID-19 pandemic are going to cause severe illness in children. There is no data – either from India or globally – to show that children will be seriously infected in subsequent waves.”

53.2. So it is crystal clear that You Notice 1 & 2 do not have scientific evidence except jugglery of words and you are thoroughly intellectually dishonest people who are playing with the lives and livelihood of the common people across the world.

However, in order to expose your intellectual dishonesty to the entire world, this notice is being served, calling for an explanation within 7 days of the receipt of this notice.”

The legal notice also explains the law of damages in India citing recently cases where Court had ordered compensation of Rs. 100 Crores ((USD 13.5 mn) to the aggrieved party, for loss of his reputation. Since the present matter involves death caused due to denial of early treatment resulting in deterioration and death of person, the damages claimed would be much higher that Rs. 100 Crores.

The notice also explains the liability of Dr. Tedros Adhanom Ghebreyesus, Director General of WHO, for his act of commission and omission and also for his implied consent to the conspiracy.

In the similar manner, the DGHS Prof. (Dr.) Sunil Kumar is joined in as co-accused for his complicity in the conspiracy.

The three possible explanations for such an intense opposition to the use of highly promising, well-tolerated off-label medicine as Ivermectin are explained very well in following article:

WHO Celebrates As Indian Health Regulator Removes Ivermectin from Its Covid-19 Protocol | naked capitalism

  • “As a generic, Ivermectin is cheap and widely available, which means there would be a lot less money to be made by Big Pharma if it became the go-to early-stage treatment against covid.
  • Other pharmaceutical companies are developing their own novel treatments for Covid-19 which would have to compete directly with Ivermectin.
  • If approved as a covid-19 treatment, Ivermectin could even threaten the Emergency Use Authorisation granted to covid-19 vaccines.

It’s worth noting that while India’s DGHS has dumped most cheap off-patent treatment options against Covid, including even multivitamins, more expensive patented medicines continue to get the green light. They include Gilead’s prohibitively expensive antiviral Remdesivir, which DGHS continues to recommend for “select moderate/ severe hospitalised COVID-19 patients”, even though “it is only an experimental drug with potential to harm.” It has also authorised the use of the anti-inflammatory medicine to cilizumab, which costs hundreds of dollars a dose.”

Dr. Soumya Swaminathan deletes her controversial tweet

Adv. Dipali Ojha

A THUMPING VICTORY FOR INDIAN BAR ASSOCIATION (IBA) AS DR. SOUMYA SWAMINATHAN WENT ON THE BACK FOOT AND DELETED HER CONTROVERSIAL TWEET AFTER IBA SERVED A LEGAL NOTICE UPON HER FOR HER DISINFORMATION CAMPAIGN AGAINST IVERMECTIN

  • The recent Judgment of Bombay High Court is a tight slap on World Health Organisation (WHO) and the Opposing Party in Goa
  • The High Court of Bombay at Goa has refused to stop the use of Ivermectin for treatment of COVID-19 patients
  • The Bombay High Court has upheld the stand of Goa Government, who submitted that the WHO Advisory against the use of Ivermectin for COVID19 is flawed
  • The sponsored agenda to prevent the use of Ivermectin and to put the life of citizens in danger was stopped in its tracks, due to firm stand taken by Goa Government and the Bombay High Court.

“3….In addition, some of the petitioners have flagged the issue of the approval by the State of Goa of Ivermectin for its therapeutic or prophylactic uses. It is submitted that this particular medicine does not have the approval of either our DCGI or international regulatory authorities. It is submitted that in fact WHO has issued an advisory against the use of Ivermectin for Covid related treatment.

The main Respondent i.e. State Government of Goa, in their reply, pointed out to the Court that the advisory of WHO against Ivermectin is not reliable and is flawed.

In the meantime, Indian Bar Association has issued legal notice on May 25, 2021 to Dr. Soumya Swaminathan, the Chief Scientist at the WHO, for her tweet against the use of Ivermectin.

In the said notice, the Indian Bar Association has exposed the malafides of Dr. Soumya Swaminathan for suppressing the authentic data of Front Line Covid-19 Critical Care Alliance (FLCCC) and the British Ivermectin Recommendation Development Panel(BIRD).

The Indian Bar Association has warned action under section 302 etc. of the Indian Penal Code against Dr. Soumya Swaminathan& others, for murder of each person dying due to obstruction in treatment of COVID-19 patient effectively by Ivermectin. Punishment under section 302 of the Indian Penal Code is death penalty or life imprisonment.

After receiving the said notice, Dr. Soumya Swaminathanwent on the back foot and deleted her tweet.

This has proved the hollowness of the WHO’s recommendation against Ivermectin for COVID-19.

The dishonesty of WHO and the act of Dr. Soumya Swaminathandeleting her contentious tweet was witnessed by netizens across the world, as the news got a wide coverage on social media. By deleting the tweet, Dr. Soumya Swaminathan has proved her malafide intentions.

The action of IBA serving a legal notice upon Dr. Soumya Swaminathan, has garnered immense appreciation and widespread support from several netizens including doctors, activists, journalists, political leaders and media groups.

Moreover, the judgment of Bombay High Court at Goa dated May 28, 2021 proved to be icing on the cake for Ivermectin. While the matter came up for hearing before the Bombay High Court at Goa, the Court refused to accept the advisory of WHO. The Court has upheld the Guidelines of Indian Council of Medical Research (ICMR).  Ivermectin has been allowed for treatment of COVID-19..

The judgment dated May 28, 2021 reads thus;

“13. As regards the use of Ivermectin, the issue raised by the petitioner in Writ Petition No.1216 of 2021 concerns mainly its prophylactic use. As for its therapeutic use, it is nobody’s case that the medicine has not been included by ICMR for Covid-19 treatment protocol. Though the expert committee of the State, in its decision dated 13/05/2021, has recommended even prophylactic use of Ivermectin, from the affidavit filed by the State its the Additional Secretary (Health) what emerges is that the State has, for the present, decided that the medicine, i.e. Ivermectin, would be given to all suspected and symptomatic patients and provided in the kit to be supplied to positive patients in home isolation. It does not appear that as of now the State has been promoting prophylactic use of these medicines. In case however the State does so in future, it will be open for the petitioners to raise appropriate objections and the matter in that case will be dealt with by this Court in its further orders to be passed in Writ Petition No. 1216 of 2021.

The Health Minister of Goa has expressed their gratitude to the High Court by posting the following message on Facebook on May 28, 2021:

“We are grateful to the Hon’ble High Court for accepting Govt. of Goa’s decision to use Ivermectin for treating Covid-19.This is a crucial step taken by the Govt. of Goa on advice of our expert team of doctors with an aim to help us in reducing the infectivity rate and control surge of Covid-19 cases. Our team is working hard to ensure we are efficiently able to battle the pandemic.”

All those who were opposing the use of Ivermectin on the basis of Dr. Soumya Swaminathan’s tweet have fallen flat on their face after she deleted her tweet.

However, deleting the tweet will not save Dr. Soumya Swaminathan and her associates from the criminal prosecution which is to be launched by the citizens with active support from the Indian Bar Association.