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PIL in SC seeking India to take China to ICJ for $600 billion compensation for using COVID-19 as bioweapon: Dismissed

The Court, however, granted liberty to the petitioner to make a representation before the government with the plea.

Shruti Mahajan

The Supreme Court today dismissed the PIL filed by a Madurai resident praying for a direction to the Indian government to approach ICJ seeking compensation from China over COVID-19 being allegedly used as a bioweapon.

The Court, however, granted liberty to the petitioner to make a representation before the government with this plea. (KK Ramesh vs Union of India)

The Bench of CJI SA Bobde with Justices Dinesh Maheshwari and AS Bopanna took up the plea for hearing via video conferencing today but refused to entertain the same. The Court, while dismissing the PIL however, granted liberty to the petitioner to make a representation before the government.

Dinesh Maheshwari, CJI SA Bobde, and AS Bopanna
Dinesh Maheshwari, CJI SA Bobde, and AS Bopanna
"The writ petition is dismissed. However, liberty is granted to the petitioner to make a representation to the government."
Supreme Court

The PIL had sought a direction for Indian government to approach the International Court of Justice (ICJ) against China for a compensation of $600 billion for the alleged use of COVID-19 as biological weapon against India.

Given that the ICJ has been constituted only for the member States to move the Court against one another and since it is not open for individuals to file petitions, a Madurai resident, KK Ramesh, had sought a direction from the Supreme Court for the Indian government to seek compensation from China over COVID-19.

"...the International Court of Justice has no Jurisdiction to deal with Petition from individuals, only states can file the Petition. Article 93 (1) of the United Nations charter says all members of the United Nations are ipso facto parties to the statute of International Court of Justice but the same does not apply for a common citizen."
the petition stated.

The petitioner, in his plea, said that China has used biological weapon of COVID-19 against India thereby affecting the life of the citizens and destroying the economy of the nation.

"The Petitioner states the People's Republic of China had deliberately created biological weapon COVID19 against India and leaked in every public places and killed Indian People, destroyed India's economy."
the petition stated.

The disease is aggressive and highly contagious and there exists no vaccine against it at the moment. This is not a disease, the petitioner claims, but rather a weapon used by China against India.

China's claims that a virus cannot be manmade is a statement that is misleading not only India but also the rest of the world, the petitioner added. China is purposely misleading the world, according to this Madurai based petitioner.

Owing to these factors, the petitioner had sought Court's intervention in directing the government of India to take China to the International Court of Justice seeking a compensation of $600 billion.

The petition was drawn by Advocate C.R.Jaya Sukin and filed by Advocate Narender Kumar Verma.

Read Petition:

KK Ramesh vs UOI - 18.06.2020.pdf
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