COVID-19: High Court Seeks Delhi Govt's Response On Mechanism To Ensure Regulation Of Non-Accredited Labs & Online Health Service Aggregators

The Delhi High Court has sought the response of the Delhi Government on the mechanism being followed to ensure regulation of labs and online health service aggregators, which are not accredited by NABL and had not received approval from the Indian Council of Medical Research (ICMR) to collect samples and provide reports for COVID-19.

Justice Subramonium Prasad also directed that the response must indicate the steps that are taken when a complaint is received that a lab is functioning without the requisite licence in the city.

The Court was dealing with a contempt plea filed by one Dr. Rohit Jain raising two issues. First, that there was no monitoring by the Delhi Government of the the aggregators who were rendering service in the city apropos Covid related tests and two, the service providers who may be located outside the city were operating without any supervision by any authority statutory agency or government and that such commercial activity could have an unfortunate consequences upon the health and safety of citizens and curtailment of the pandemic in the city.

The development came after a predecessor bench had in February observed that there was no mechanism of oversight by the State Government, apropos who collects blood samples in the city regarding such tests or services. Accordingly, it had asked the Delhi Government to publish requisite standards as to the collection of blood sample for conducting COVID 19 related tests in consultation with ICMR.

In this backdrop, Justice Prasad said that a perusal of the previous order indicated that a direction was passed to the respondent authorities to initiate action against such violators of law who were engaged in any illegal online health service aggregators operating in the city in violation of the law, after giving an adequate opportunity of being heard to the concerned parties.

"The letter and spirit of the said order indicates that this Court had intended to ensure that labs and online health service aggregators, which were not accredited by NABL and had not received approval from the ICMR to collect samples and provide reports, did not function in the city of Delhi," the Court said.

Accordingly, while posting the matter for further hearing on June 1, the Court directed the responsible Officers of the Delhi Government, ICMR and Delhi Police to remain present in the Court.

Case Title: DR ROHIT JAIN v. SH VIJAY KUMAR DEV & ORS.

Click Here To Read Order