Courts Update Plea seeks withdrawal of ICMR advisory on testing, Delhi...

Plea seeks withdrawal of ICMR advisory on testing, Delhi HC lists it before Division Bench

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New Delhi, May 27 (ILNS) The Delhi High Court today listed a petition before the Division Bench, seeking directions to the Centre to strike down an advisory issued by the ICMR, which says, “RTPCR test must not be repeated in any individual, who has tested positive once, either by RAT or RTPCR.”

The petition has been filed by a practising Advocate in Delhi, who had tested positive along with his parents, but had mild symptoms and was home quarantined for 17 days. However, he was not allowed to step outside his home even after 17 days by home guards deployed outside his home, unless he and his parents test negative for COVID-19.

The petitioner alleged that when he went for Covid test with his parents to the nearest dispensary, he was refused to get the same.

“Despite repeated requests by the petitioner that he may be tested for COVID-19 as he needs to show it to civil defence guards, so that he may be allowed to step out of his house for procuring basic sustenance items for himself and his aged parents and also to perform his duties as an essential service worker being a criminal lawyer himself, the dispensary staff denied for the same, which led the petitioner to dial 100 number to register a complaint against the erring staff. However, no action was taken by the Police against the Dispensary staff,” said the petitioner.

Today, the petition was listed before the Single-Judge Bench of Justice Rekha Palli, which has transferred the same before the Divisional Bench of the High Court.

The plea stated that the advisory issued by Respondent No 2, (ICMR) though shown to be not binding, is being treated as a mandate and hence, leading to denial of tests of individuals by testing labs.

The plea further contended that the recommendation of not repeating the RTPCR test for any individual who has tested positive once, is discriminatory and violative of Articles 14 and 21 of the Constitution, as it discriminates against the individuals, who have tested positive and leaves no room for them to confirm, if they have turned negative and are fully recovered. ILNS/KR/RJ

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