Application to enlarge the number of laboratories that can undertake test for COVID-19 for both symptomatic and asymptomatic patients.

Abhinav Mishra| Kirit P. Mehta School of Law| 11th June 2020

Case: Rakesh Malhotra v. Government of National Capital Territory of Delhi and Ors.

Introduction

The applicant seeks to direct the respondents to enlarge the number of laboratories that can undertake test for COVID-19 for both symptomatic and asymptomatic patients. The bench comprises of Justice Hima Kohli and Justice Subramonium Prasad.

Facts

• The present application has been moved by a non-applicant in a petition filed by Adv. Rakesh Malhotra and was disposed by the Delhi HC on 04/05/2020.
• The applicant seeks direction to the respondent No 1 and No.2 to enlarge the number of laboratories that can conduct COVID-19 testing and ramp up testing process for asymptomatic and symptomatic patients.
• The counsel for respondent No.3/UOI  Mr. Anurag Ahulwalia and Mr. Satyakam, Assistant Solicitor General for respondent No.1 and No.2. argued that aspect relating to testing is already pending in Renu Goswami v. State of NCT of Delhi and hence the petition should not be examined.
•  The  2^nd relief prayed for is to direct the respondents to make arrangement of proper treatment for Non-Covid patients as they require to undergo COVID=19 test before any surgery but the hospitals are unable to test as they are not permitted to do so by the State Govt.
• 3^rd the applicant seeks directions to the respondent to publish correct data in terms of order dated 04/02/2020 passed in the present petition also the respondents and all the hospitals/Nursing homes who have been permitted to test COVID-19 must publish the status of vacancy bed on a daily basis.

Holding

The HC issued notice to the respondents No.1 and 2/GNCTD which is to be replied within two days. Listed the matter to be heard on 11/06/2020.