Madras High Court: A Division Bench of Dr Vineet Kothari and Pushpa Sathyanarayana, JJ., addressed a petition challenging the government order issuing guidelines with regard to home isolation, hospital/institutional quarantine in the wake of COVID-19 pandemic.
Petition was filed to direct respondent 1 to ensure that all persons tested COVID-19 are only under hospital or institutional quarantine.
Petition was filed to challenge the notification issued by Department of Health and Family Welfare, vide GO Ms No. 206, dated 4th May, 2020 where State Government had issued guidelines in the form of the said Government Order about home isolation, hospital/institutional quarantine for COVID-19.
Bench on hearing the arguments of the Counsels stated that they are satisfied by the Government Order issued and no interference of the Court is called for as the said Order was passed taking into account the opinion of experts in the field as to how to ascertain a patient as pre-symptomatic or asymptomatic and considering the State infrastructure available, whether home quarantine is to be allowed or not.
Hence, in Court’s opinion, the said matter is not be considered by a Court of Law as its a policy decision.
Thus the writ petition stands dismissed. [India Awake for Transparency v. Secretary, Department of Health and Family Welfare, Govt. of T.N., 2020 SCC OnLine Mad 982 , decided on 12-05-2020]
