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Bom HC | Plea filed to allow COVID-19 testing without production of medical practitioner’s prescription; Court says “rational use of testing kits warranted”

Bombay High Court: A Division Bench of Dipankar Datta, CJ and K.K. Tated, J. addressed a matter wherein non-production of prescription for COVID-19 test and to allow testing to be done irrespective of whether a person has come in contact with a COVID-19 patient or not has been prayed.

Petitioner seeks direction to do away with the production of a prescription/certificate of a medical practitioner as a pre-condition to test for COVID-19 and to allow such testing to be done irrespective of whether a person is symptomatic and has come in contact with a COVID-19 patient.

Interim relief was also sought by the petitioner on above lines.

Bench on consideration of the above issue opined that there has to be a rational use of testing kits and the present situation is not such warranting grant of interim relief.

Respondents have been asked to file their respective affidavits.

Matter to be listed in due course. [Narendra Murkumbi v. State of Maharashtra, 2020 SCC OnLine Bom 720, decided on 19-06-2020]

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