'Next COVID-19 Pandemic Far From Over': Delhi High Court Seeks Status Report Over Decision On Sample Collection Policy

Observing that the "next COVID-19 pandemic is far from over", the Delhi High Court has called for a status report from the Union Government as to what decision has been taken upon the policy for sample collection, sample collection centres and the sample transport.

In an order passed on May 28, Justice Anish Dayal said that the matter assumes urgency, considering that there were "wide reports of COVID-19, being active" in the community.

“….. as on date; it would, therefore, be expected from the respondent to crystallize an urgent set of measures, in order that these SoPs are in place and whatever decision was taken in the meeting, has reached its proper conclusion,” the Court said.

The Court was dealing with a contempt plea filed by one Dr. Rohit Jain, alleging non compliance by the authorities of an order passed by the division bench on January 27, 2023.

The division bench had disposed of Jain's plea on the issue while directing the Central Government to treat it as a representation and decide the same within 12 weeks by way of a reasoned order.

It was Jain's case that despite the said orders, no guidelines were framed by the Union Government with respect to establishment of minimum standards for sample collection, sample collection centres and sample transport.

A meeting was held under the Chairmanship of Additional Director General of Health Services on May 30, 2023, where Jain was also invited to be present, based on the judicial orders.

A decision was taken to constitute four sub-committees of experts of pathology, biochemistry, haematology and microbiology. The members of the committee were from Central Government Hospitals, to define Standards of Procedure (SOP) for sample collection, sample collection centres and the sample transport policy and submit the report. The guidelines were to include storage standards as well, the order notes. There were other actions which have been decided to be taken, in the said meeting, the court noted.

Justice Dayal noted that there was no update provided by the Centre as to what was the result of the meeting held on May 30, 2023 and the decision taken thereupon.

The Court said that on first blush, the Contempt Petition may not subsist considering that the decision was taken to form the sub-committees.

“However, considering that the next Covid Pandemic is far from over and in fact, active, amongst the community, today, as per news reports, the vacuum, if any, of steps taken post the meeting of 30th May 2023, is a serious issue,” it added.

The Court observed that though it is sanguine that steps would have been taken and protocols would have been in place, it is imperative for the authorities to place the same on record.

It directed the Central Government standing counsel to personally ensure that Officers of the Union Government are apprised of the judicial directions and place a Status Report within six weeks.

The matter will now be heard on July 18.

Counsel for Petitioner: Ms. Mrinmoi Chatterjee, Adv

Counsel dor Respondent: Ms. Monika Arora, CGSC, Mr. Subhrodeep Saha, Mr. Prabhat Kumar, Ms. Anamika Thakur, Advs; Mrs. Prerna Dhall, Adv. for UOI

Title: DR ROHIT JAIN v. SH APURVA CHANDRA

Click here to read order