Consider Early Re-Testing Of COVID-19 Positive International Travellers: High Court Tells Delhi Govt

The Delhi High Court on Tuesday said that it expects the Delhi Government to consider expeditiously the issue of early re-testing of international travellers who are testing COVID 19 positive in case there are no guidelines framed by the Central Government in this regard.

Justice Rekha Palli was dealing with a petition filed by a mother whose son, an 18 years old student returned from the UK, was found to be positive for the COVID-19 at the IGI airport after his swabs were taken for testing.

The petitioner had therefore approached the Court with a grievance that despite her son having no symptoms, he was compelled to stay at a private hospital and despite his repeated requests, no RTPCR test was conducted.

The petitioner had also raised a grievance that she was not being provided with the genomic sequencing report to enable her to ascertain whether her son was suffering from omicron.

The Court therefore asked the Delhi government as to why the said genomic sequencing report cannot be shared with petitioner's son.

The Court took note of the fact the RTPCR test on the petitioner's son was conducted wherein he was found negative and therefore main grievance of the petitioner stood satisfied.

However, the petitioner pointed out that there was no clear policy or guidelines on the issue as a result of which the patients in city were compelled to stay in private hospitals even though they had turned negative, owing to the reason that RTPCR tests were not being conducted in a timely manner, despite repeated requests.

"This is a wrong interpretation. Nowhere in the protocols it has been stated that RTPCR test cannot be conducted once someone is found positive. Nobody knows who is doing genome sequencing report. Nobody is given report either in physical or digital form. I have a right to know," the petitioner argued.

After hearing both the sides, the Court said,

"It is expected that in case there are no guidelines issued by the Union of India, the GNCTD will expeditiously consider the matter so that the persons like petitioner's son who are being detained in private hospitals do not continue to suffer."

During the course of hearing today, the counsel appearing for Fortis Hospital, wherein the petitioner's son was isolated, submitted that they had received instructions from the Delhi Government not to conduct the RTPCR test either before ten days of date of initial test result or after three days when the person becomes asymptomatic, whichever is later.

On the other hand, the Delhi Government took the stand that the aforementioned action was in line of the Standard operating procedures (SOPs) laid down by the Central Government in respect of international covid positive persons.

The Centre however submitted that there was no such directive issued that an RTPCR test cannot be conducted before ten says of the patient turning positive.

The Centre further submitted that the reports of genome sequencing are provided to the respective State Governments after which the State Government's health machinery communicates with the patients according to the protocol already issued, thereby suggesting that it has no role to play in the process.

Accordingly, time was sought by the Delhi Government to seek instructions in the matter. Granting the said time, the Court adjourned the matter for further hearing on January 14.

Case Title: ARCHANA VAIDYA v. UNION OF INDIA THROUGH ITS SECRETARY & ORS.