Plea in Delhi HC challenges ICMR order barring second RT-PCR tests for COVID patients

The Delhi High Court, on Tuesday issued notice to Centre, Indian Council of Medical Research (ICMR), and Delhi Government to sought their response on a plea filed by an advocate to remove the advisory that states Covid-19 RT PCR test must not be repeated in any individual. On May 4, the ICMR had issued an advisory barring repetition of RT PCR test on anyone.

A division bench of the high court presided over by Chief Justice D N Patel and Justice Jyoti Singh has given Centre, ICMR, and Delhi government to file a reply while the matter has been scheduled for further hearing on August 7.

Petitioner and his case

The petition was filed by advocate Karan Ahuja who along with this parents had tested positive for the virus on April 28. As per the guidelines generated by Government, the three were under home isolation for a period of 17 days and after that Civil Defence guards deployed outside his house asked for a negative Covid-19 report to allow the Petitioner and his family to step out of the house even to get basic essential items. On the very next, the family went to the nearest dispensary in Sultanpuri to get tested but the medical staff refused the petitioner due to orders of not testing people who have tested positive. 

Karan Ahuja was presented by Advocate Kuldeep Jauhari, Advocate Anubhav Tyagi and Advocate Rajat Bhatia. Advocate Ahuja argued that the denial was a violation of his fundamental rights enshrined under Article 14 and Article 21 of the Indian Constitution. 

"The said advisory is arbitrary, discriminatory and creates a paradoxical situation since a negative RTPCR report is compulsorily required by several other notifications issued by the Respondents," explained Ahiuja.

RT PCR Advisory

The advisory of not testing people again after positive results have led to several complications, according to advocate Karan Ahuja. The petitioner also sought to direct the authorities to not put any direct or indirect prohibition on the right of a citizen to get tested for any infection including SARS-CoV-2 (COVID-19). Thus, he has requested the removal of the RT PCR test rule dated May 4. 

(Inputs from ANI) (Image: ANI)