Delhi HC challenges ICMR advisory on RT-PCR

Delhi High Court on Tuesday challenged an ICMR advisory barring repeat of RT-PCR on those who tested positive for Covid-19. The court sought response of the Centre and Delhi government on the issue.

A bench of Chief Justice DN Patel and Justice Jyoti Singh also issued notice to ICMR and sought their stand on the plea by a lawyer. The petitioner has challenged ICMR’s May 4 advisory as due to it, neither he nor his family members could get tested again after spending more than 17 days in quarantine from April 28 when they first tested positive.

He has contended that the May 4 advisory was “arbitrary, discriminatory and creates a paradoxical situation since a negative RT-PCR report is compulsorily required by several other notifications issued by the respondents (Centre, ICMR and Delhi government)”. 

He has sought striking down of the clause in the advisory which bars repeating of an RTPCR test on someone who has already tested positive by way of Rapid Antigen Test (RAT) or RTPCR. The petitioner has also sought a direction permitting testing of himself and his family members.

‘Fundamental rights violated’

The petitioner said denial of testing at a public facility is violative of his fundamental rights enshrined under Article 14 and Article 21 of the Indian Constitution. The recommendation in the advisory has led to a virtual blanket ban on COVID testing among patients who have already tested positive has led to several complications.