Delhi HC Asks Delhi Govt To Clarify Stand On Performing Elective Surgeries Amid COVID19

The Single Bench of Justice Navin Chawla has directed the Delhi Government to clearly state on affidavit if it is their stand that no elective procedure will be and is being carried out on any patient due to the present outbreak of COVID19 virus.

The order has come in a writ petition filed by a person who wants to undergo an elective surgery but is continuously denied the same by various hospitals.

The Petitioner has undergone the procedure of Pyoperitoneum with appendicular perforation on 30.11.2019 at one of the hospitals. She was then called again on 27.03.2020 for further procedure/surgery to be conducted by the said hospital.

However, due to the outbreak of COVID19, the Petitioner could not be operated upon as the said hospital, wherein she had undergone treatment, was declared as a COVID hospital.

The petitioner was then referred to another hospital for the surgery. However, even that hospital could not carry out the procedure on the Petitioner as the Petitioner was suspected to be suffering from COVID19 virus but was asymptomatic.

Ms Shobhana Takiar, who appeared for the Delhi Government, submitted that the procedure to be carried out on the Petitioner is elective in nature and in view of the present situation with outbreak of COVID19 virus, it may in fact, be detrimental to the interest of the Petitioner to carry out the procedure.

The Petitioner, however, submitted that she's willing to undergo the risk involved in the procedure and also fears that any delay in the same may in fact cause further complications.

While directing the Delhi Government to clarify the aforesaid stand on an affidavit, the court further directed the government, in case this is not their stand, to identify the hospital where the Petitioner can undergo the procedure that is required.

The Petitioner in this case was represented by Mr Yogesh Kumar.

Click here to download the Order