Case BriefsCOVID 19High Courts

Allahabad High Court: The Division Bench of Sunita Agarwal and Sadhna Rani (Thakur), JJ., addressed a matter wherein it was alleged that there is ongoing Black Marketing of Oxygen in Ghaziabad.

Diversion of Oxygen Cylinders

Public Interest Litigation consisted of the allegations filed by a sitting M.L.A with regard to the diversion of oxygen allocated for District Ghaziabad and the resultant death of people in Loni Constituency and Ghaziabad District on account of the shortage of oxygen cylinders.

The allegations were primarily of the involvement of respondent 6 who was posted as Additional District Magistrate in the matter of diversion of oxygen cylinders.

Due to the inaction of Senior Superintendent of Police, Ghaziabad in the present matter, the petitioner has approached the Court.

What the Petitioner seeks?

Petitioner seeks a high-level inquiry regarding the matter of diversion of oxygen cylinders from District Ghaziabad to Delhi and the State of Haryana on account of corrupt practices of respondent 6 who is the in-charge of oxygen distribution in District Ghaziabad and as such he is responsible for black marketing and illegal sale of oxygen to Delhi and Haryana.

CBI inquiry in the said matter has been sought.

Manish Goyal Additional Advocate General assisted by Jai Narayan, Additional Government Advocate, submitted that by an order dated 20-04-2021, regulation of the distribution of oxygen supplies to designated hospitals for COVID positive cases was ordered.

The State quota for oxygen was allocated by the Central Government and the distribution was made by the agencies directly to the designated COVID hospitals.

Further, it was added that no shortage of oxygen supply complaint was made from any of the hospitals and in the Loni constituency, there was only one COVID designated hospital and no complaint from the same was made.

In view of the above discussion, High Court directed that the District Magistrate Ghaziabad shall file an affidavit bringing on record the statement made by him in written instructions sent to Manish Goyal.

Bench also added that inquiry report in the inquiry instituted by him on the allegations made in the complaint dated 1-5-2021 filed by the petitioner shall also be brought on record with the said affidavit

Matter to be posted on 07-06-2021. [Nand Kishore v. State of U.P., 2021 SCC OnLine All 334, decided on 21-05-2021]


Advocates before the Court:

Counsel for the Petitioner: Zaheer Asghar, Ankur Azad, Shashwat Anand

Counsel for the Respondent: G.A., A.S.G.I.

Case BriefsCOVID 19High Courts

Delhi High Court: The Division Bench of Vipin Sanghi and Rekha Palli, JJ., addressed the issues with regard to position of Non-ICU and ICU beds, PSA Plants, Medical Equipments, etc.

An application was moved on behalf of the State of Haryana to seek clarification in regard to the Court’s order dated 27-04-2021, whereby the Court had directed taking over operations of Seth Air Products at Palwal, Haryana whereat Seth Air Products was undertaking gasification of liquid Oxygen and supplying to Delhi. It was pointed out that Seth Air Products undertakes the said process not only to supply Oxygen to Delhi, but also to State of Haryana.

As per the allocation made by the Government of India, 21 MT of liquid Oxygen was to be gasified in favour of the State of Haryana, and for the NCT of Delhi it was 38.05 MT.

Bench while disposing of the application in regard to the above made it clear that the directions to take over the supervision of the plant of Seth Air Products situated at Palwal, Haryana by the officers of the GNCTD should not adversely affect the supply of oxygen to the State of Haryana in terms of allocation made by the Centre.

Senior Counsel for the GNCTD, Mr Mehra projected before the Court the position of both ICU and Non-ICU Beds in the NCT of Delhi. He submitted that by applying the formula worked out by the Central Government – in consultation with the ICMR, requirement of oxygen for the said 16,272 beds per day is 304 MT. There are a large number of other hospitals and nursing homes with less than 100 beds and their requirement put together is estimated at 120 MT of liquid oxygen per day.

Further, he added that looking at surge of cases and the intimation that the pandemic may peak around 15th of May, 2021, the GNCTD is making arrangements to add another 15,000 non-ICU beds, which would require 280MT of liquid oxygen per day.

Grievance of Mr Mehra is that the allocation of 480 MT or 490 MT of liquid oxygen per day to Delhi is far less than its requirement.

With regard to the 8 PSA Plants which were sanctioned by the Central Government to be set up in Hospitals in Delhi, the position informed to the Court was that 2 Plants are already installed, and 2 Plants would be made operational by 30-04-2021.

Bench stated that looking to the critical situation being faced by the NCT of Delhi, the Central Government should instruct the vendor to expedite the installation of the remaining 4 PSA Plants at the earliest. A status report clearly stating by when the said 4 plants would be installed and made operational be filed by 01.05.2021.

Senior Advocate, Tushar Rao and Mr Malhotra submitted that the U.P. State Government has requisitioned certain equipment called “On-Board Oxygen Generation System”, which produces 1,000 Litres of Oxygen per minute, from the DRDO. In view of the above, GNCTD should make a similar requisition of the said equipment from the DRDO so that same could be installed at the earliest.

Hence, GNCTD is directed to take immediate steps in this regard and raise a similar request, as was raised by State of U.P. to the DRDO and all the authorities concerned.

Bench stated that whenever any seizure is made of the medicines/ Oxygen cylinders, the IOs should immediately inform the District Commissioner concerned about the same, and they should also proceed, without waiting for any further orders, to ascertain the genuineness of the said medicines. They should also ensure that the said case property is kept in refrigerated environment, so that the same does not lose its efficacy and become non-usable. The District Commissioners should proceed to pass orders for release of the same without any delay.

Bench added to the above directions that the Delhi Police should immediately release the seized Remdesivir or other Drug used for treating COVID-19 or any Oxygen Cylinders seized from the possession of patients or their attendants, since they would have procured the same only out of desperation, and in need.

While releasing the case property, it shall be ensured by the Delhi Police that photographs/ copies of the relevant documents are retained, so that the case could proceed before the court concerned.

Executive Director Batra Hospital appeared and raised a grievance that in terms of allocation order dated 27-04-2021, said hospital has not been supplied gas.

Court issued notice to all the suppliers of liquid medical oxygen to the NCT of Delhi to be present before the Court with the data available in regard to the supply made by them.

Bench asked GNCTD to create a portal on their website for the creating a mechanism for the purpose so that any person located abroad, desirous of making the import of medical equipment’s to GNCTD. Status report to filed.

Notifications and directives issued by the CBIC to be placed on record.

 Mr Sharma stated that the status report with regard to the cargos, which are waiting clearance on customs ports – in relation to the COVID detection and treatment, shall be placed on record in a sealed cover.

With regard to the development of a portal for bringing in transparency in the matter of distribution of medicines Professor Sanjay Dhir from IIT Delhi & Mr Rajiv Chauhan and Mr Ravi Omar from NIC were present.

The portal developed by the NIC had one shortcoming, namely, it does not have last stage disclosure about the identity of the patients to whom medication would be administered. He states that he has already communicated it to the NIC and suggested the modifications required in the portal. He states that the NIC has agreed to carry out the necessary modifications. Mr  Ravi Omar and Mr Chauhan from the NIC stated that the Health Department of the GNCTD has to now provide their inputs so that final shape to the portal could be given.

Court directed that the exercise should be completed between NIC, GNCTD and Professor Dhir from IIT within one day and the said portal to be operation by 01-05-2021. [Venkateshwar Hospital v. GNCTD, 2021 SCC OnLine Del 1830, decided on 29-04-2021]

Case BriefsCOVID 19High Courts

Delhi High Court: The Division Bench of Vipin Sanghi and Rekha Palli, JJ., while addressing concerns with regard to COVID-19, expressed that

“…nation is facing an unprecedented crisis. It is at times like this, that we – the people, need to stand up to showcase our best qualities and virtues, which all of us have.   To fight this scourge, we need to collectively conduct ourselves with sensitivity and empathy towards one and all – irrespective of whether the infected persons are our friends or relatives, or strangers.”

Bench while considering the prevailing COVID-19 Pandemic situation particularly in relation to the NCT of Delhi, appointed Senior Advocate Rajshekhar Rao as an Amicus Curiae to assist the Court.

Senior Advocate, Malvika Trivedi had suggested that the creation of a portal to trac the supply chain of medicines, such as Remedisivir and supply of Oxygen on real time basis could reduce the hoarding and black marketing of these products.

To examine the above-stated, Court called upon the Director, IIT as well as the NIC to send their representatives to the Court and accordingly Professor Sanjay Dhir was present and from the NIC, Mr Iqbal Hassan was present.

Delay in Discharge || Insurance Companies

One aspect that was argued was in relation to the clearance of the cases by the Third-Party Administrators (TPAs) who represented the insurance companies.

About the above-stated, Bench was informed that the time of discharge of the patient from the hospital – after the COVID treatment was over, the process of grant of No Objection Certificates (NOCs) by the TPAs was taking long time, anywhere between 5 to 8 hours resulting in delayed discharge of the patient and consequent, delay in admission of the next patient.

“…there is a long que of people who are waiting to get admitted to hospitals for proper treatment and such delays are bound to result in more suffering for the patients and their attendants.”

Hence, the Court directed all the Insurance Companies and their TPAs to ensure that the time taken to grant the NOCs is reduced so that such problems do not arrive.

Senior Advocate, Krishnan Venugopal made certain suggestions:

  • Problem: There is a large section of the medical doctors who, on account of the raging pandemic, are confined to their homes, and are not on the field to treat the COVID patients. A lot of patients developing COVID-19 symptoms do not get access to doctors for the purpose of seeking advice and the delayed start in treatment leads to complications resulting in hospitalization.

Solution: Government could invite such Doctors to volunteer to render their advice/consultation through video/teleconferencing mode by adopting ICMR protocols for the treatment of COVID19 patients. Doctors who offer their services could then be assigned calls through a centralized system.

Bench stated that the above suggestion was worth consideration, hence Centre and GNCTD were directed to examine the same.

  • Another suggestion was that under Regulation 301 of Defence Service Regulation, Regulations for the Army, there is provision for rending services by the Armed Forces in aid of civil authorities in aid of maintenance of essential services and similar Regulation exists in respect of Air Force and Navy.

Solution: To this, he submitted that if a request was received from any State Government, with approval of the Central Government, such services could be provided. Adding to this, it was stated that armed forces could set up field hospitals in terms of the said rules looking to a large number of COVID Patients in NCT of Delhi.

Court stated that let GNCTD examine the said aspect.

  • Usage of ambulances. Ambulances at present are not being used only for the purpose of faring patients from their homes to hospitals. Many of them re-engaged in transporting the dead bodies to the cremation grounds and burial grounds and looking at the large numbers, they have to wait in queue.

GNCTD should consider the usage of old DTC buses instead, for transporting the dead bodies in ambulances, so that the ambulances could be made available for faring the patients to the hospitals.

Bench stated that GNCTD to consider the stated suggestion.

Court taking the Orders passed by the GNCTD on 27th and 28th April, 2021 on record and directed that the same be implemented forthwith.

Streamlining of Supply Chain

Bench further noted that the re-fillers have assured the Court on their behalf as well as on behalf of the others, that they shall comply with the allocation orders issued by the GNCTD – both in letter and spirit.  The re-fillers also made suggestions for consideration, so as to streamline the supply chain.

Naresh Gupta representing Paramount Cryogases and Salasar Gases suggested that some of the re-fillers could be given the responsibility of supplying to the hospitals. To this Mr Mehra submitted that the suggestions by re-fillers will be considered.

Court stated for the above stated that in the meantime, the GNCTD shall continue to supply Oxygen cylinders to individual consumers who require the same, as they have been doing till now.

Bench remarked that, we have to shun selfishness, greed and indifference.

 Court appealed to the good sense of the people, including the sellers of necessary medicines and Oxygen, to not to resort to hoarding of, and black marketing of Oxygen cylinders, Oxygen flow metres or medicines, and to make them available to the needy people.

Hoarding of medicines or Oxygen cylinders/ flow metres leads to artificial scarcity, to an extent which may not be there.

 High Court also noted an incident which took place at Apollo Hospital, where the hospital staff and doctors were assaulted by the relatives of one of the patients.

For the above stated, Bench remarked:

Such like incidents are bound to de- moralise the medical community, which is serving tirelessly to save the lives of the people without any rest or break whatsoever, at personal risk.

 Court directed the authorities, including the Police to be mindful of such like situation, and be vigilant to prevent any such untoward incidents.

Senior Advocate, Tushar Rao made a suggestion that the mohalla clinics set up by the GNCTD could also be used for the purpose of providing immediate consultation treatment to the patients and also for the purpose of collection of samples for testing.

With regard to the above suggestion, Court stated that GNCTD should examine the said proposal and also place the status report regarding the number of RT-PCR Tests conducted in the NCT of Delhi by the accredited labs in last 7 days along with the testing capacity of these accredited labs. The reasons for the fall in the numbers of tests conducted by them should also be disclosed in the report.

Mr Mehra has submitted that there have been occasions when SOS calls have been received for supply of medical Oxygen by hospitals and nursing homes, and upon visit, it has been found that the urgency expressed was not genuine.

Bench hoped and appealed to all the hospitals and nursing homes, to not raise false alarms as it puts unnecessary strain on the system which is already under tremendous stress.

Since the medical oxygen that has been allocated for NCT of Delhi has not been received in full quantity, Court requested the amicus to study the said allocation order issued by the Union of India and he has any suggestions, so as to optimise the tanker usage and minimise the turn around time, he may communicate the same to Mr Tushar Mehta, the Solicitor General, since he has very graciously offered to have the same examined.

“…we hope and expect that the Central Government to look at the logistics problem being faced in transportation of Oxygen from the said plants to NCT of Delhi.”

 [Bhavreen Kandhari v. GNCTD, 2021 SCC OnLine Del 1829, decided on 28-04-2021]

Case BriefsCOVID 19High Courts

Delhi High Court: The Division Bench of Vipin Sanghi and Rekha Palli, JJ., expressed that

It serves no purpose for anyone to cause any obstruction in the smooth flow of much needed Medical Oxygen. Stoppage of tankers by one State would have snow balling effect, and would eventually adversely impact the concerned State as well.

RTPCR Testing

Bench stated that with respect to the stated head, Court had already directed the Centre to take steps in order to prioritize the clearance of imported equipment and all that was required to be able to set up and operate the RT-PCR testing centres.

Chetan Sharma, ASG brought to Court’s notice the directions issued by Centre to all customs offices with regard to the above stated and Solicitor General stated that Centre would call for a report.

To the above, Bench stated that the report be called for as to how many such imports were pending and how many have been cleared along with this, the duration for which the imports are held up at the ports along with the reasoning.

Court called for the above report within 3 days and in a sealed cover.

Medical Oxygen

Solicitor General read out certain orders and communications that had been issued from time to time so as to augment the production, distribution and supply of medical oxygen throughout the country, as also in respect of NCT of Delhi. Mr Tusha Mehta, SGI submitted that GNCTD has called for supply of Oxygen from the JSW Group. With regard to the distribution of medical oxygen, the same was being undertaken by the Central Government and the States/Union Territories should not be asking for the same directly from any producer.

JSW Group’s production and distribution of oxygen is also being monitored by the Centre.

Bench permitted the GNCTD to procure the cryogenic tankers from JSW Steel and Centre shall intervene in case of any obstruction from any quarter in the procurement of the cryogenic tankers by the GNCTD. Adding to this Court stated that However, so far as the allocation of oxygen produced by the JSW Steel Plants is concerned, the same shall be undertaken on the instructions of the Central Government.

Alok Aggrawal, Maharaja Agrasen Hospital had made efforts to contact officers of the GNCTD to offer one cryogenic tanker but n response came in, for such offers, Court directed Mr Aggrawal or his client to interact with Chief Secretary, Delhi, Mr Vijay Kumar Dev who offered to look into any such offer that may be made, so that tankers may be procured for the purpose of securing supplies of Medical Oxygen to Delhi.

INOX has been supplying medical oxygen produced by itself as per the allocation made by the Central Government as well as it is lifting the allocation made to another producer from its production plants.

INOX started moving their four cryogenic tankers from Rajasthan to service the transportation arrangement from the plants of Air Liquide. However, their said tankers have been detained by the State of Rajasthan. Mr Mehta submitted that strict action will be taken and it shall be ensured that tankers are freed so that they can proceed to their destination for the purpose of filling and supplying liquid medical oxygen.

Bench remarked that it expects and hope that the State of Rajasthan shall honor the orders passed by the Central Government as well as the Orders of this Court.

Any intervention by anyone in the plan put in place by the Central Government for the supply of medical oxygen in the country, at this stage, would tantamount to endangering hundreds of human life, if not more.

Medical Oxygen | Set Mechanism

High Court elaborating more on the aspect of obstruction of medical oxygen stated that,

since the Central Government is mindful of the needs of all the States and Union Territories, and the distribution plan has been worked out by taking into account the needs of all the States and Union Territories, if any concerns arise before any State, they should be addressed to the Central Government, for which the Central Government has already created a Virtual Central Control Room – on which the Nodal Officers of all the States are represented.

Mr Siddharth Jain, Director, M/S INOX placed the difficulty that the oxygen suppliers have been facing which is in respect to a lot of paperwork to be done on their part as required by the GNCTD. He further added that employees serving in the oxygen production and supply industry have been affected with COVID and an increase in paperwork would impede the efficiency of the suppliers. His suggestion was that a meeting be held between all the suppliers, GNCTD Officers, hospital representatives, nursing homes in Delhi and the refilling units so that modalities could be worked out for a smooth supply of oxygen.

For the above issue, Chief Secretary, GNCTD agreed to the meeting.

Non-Availability and Consequent Black Marketing of Oxygen Cylinders

 The stated issue has been taking place rampantly in the NCT of Delhi. Bench directed the refillers to be present before the Court and provide requisite information to the GNCTD, further the Bench directed the refillers to ensure that the refilled cylinders are supplied in terms of the directions of the GNCTD and all such supplies are accounted for, failing which, Court shall be compelled to take strict action against them.

Lastly, the Court concluded the order saying that,

We are hopeful that with the infrastructure for transportation of liquid Oxygen been augmented, the supplies to Delhi would considerably improve in the coming days.[Rakesh Malhotra v. GNCTD,  2021 SCC OnLine Del 1828, decided on 26-04-2021]

Patna High Court
Case BriefsCOVID 19High Courts

Patna High Court: The Division Bench of Chakradhari Sharan Singh and Mohit Kumar Shah, JJ., expressed that:

[Order dated 15-04-2021]

“Constitutional Courts are duty bound to invoke the powers of judicial review and cannot afford to overlook palpable violation of fundamental rights of life and equality of citizens enshrined under Articles 21 and 14 respectively of the Constitution of India.”

On noting the alarming surge in COVID-19 Cases in the State of Bihar and the lack of facilities and healthcare system to meet the challenges arising out of the surge in cases as reported in print media I.A. No. 1 of 2021 was registered under the Orders of Chief Justice and has been placed before this Court in the Public Interest Litigation.

Newspaper reports, clippings of which are on record, portray a gloomy picture which reflected that on one hand there is a surge in COVID cases on an alarming proportion and on the other end, patients have been reportedly running helter-skelter to find beds in government hospitals.

It has also been reported that, COVID Beds in government hospitals are full in Patna. Newspaper Indian Express reported, based on experience of an individual that patients without contact face umpteen difficulties in getting admission even into private hospitals authorized to treat COVID patients.

Newspaper reports, though depict a very alarming and scary picture of the entire situation, having potential to expose the ground realities of health care system in the State, nonetheless, such reports cannot be made the sole basis for this Court to interfere and issue directions, exercising powers of judicial review under Article 226 of the Constitution of India. 

Bench further remarked that the Court is mindful of the fact that providing healthcare facilities and meeting challenges arising out of spike of COVID cases in the State is an executive function of the State and Constitutional Courts do not step in for the said matters.

Additional Advocate General, Amrit presented certain data and statistics showing availability of infrastructure in various parts of the State of Bihar to take care of COVID patients. To this Court stated that the said data presents a different picture altogether in comparison to the one being reported.

Prima facie, Court opined that it is not satisfied with the said depiction.

Bench added that it has transpired that the COVID Care Centres (CCC), Dedicated COVID Health Centres (DCHS) and Dedicated COVID Hospitals (DCH) are ill-equipped.

Press Briefing by the Government

Adding more to the above, High Court stated that people do not have the requisite information about the availability of the facilities being provided by the State Government, hence Court directed the Principal Secretary, Health Department to bring the said information in public domain through media and ensure that at-least once every day at a fixed time, a press briefing on behalf of the Government is made disclosing facts, illustratively, the number of COVID cases, the infrastructure which are available at various places in the State to admit and treat COVID patients and other cogent information which are required to be disseminated to the general public in public interest.

Black Marketing of Oxygen Cylinders

During the course of hearing, another fact that was noted was that there is scarcity of oxygen in various hospitals in the State of Bihar resulting into a kind of rush among the people of State to procure the same which as a consequence is creating a situation of black marketing.

To the above, Mr Amrit informed that a High Level Committee has been into the said matter and a solution would soon arrive for the same.

In response to Court’s query, Mr Amrit informed that once a person is tested positive after RT-PCR Test, State Government provides the patient with a COVID kit. He also added that earlier, State Government laboratories were not furnishing “Ct” value in the RT-PCR test reports, but now the same is being disclosed.

Elaborating more on his response, Court added that CT Scan Machines/facilities and Pulmonologist are available in Dedicated COVID Hospitals only, which are 11 in number. and steps are being taken to optimise the healthcare facilities to meet the recent challenges.

Bench stated that State Government may consider utilizing the facilities available in the premises of the newly established Medanta Hospital in PPE mode at Kankarbagh.

Assistance of Central Government

Court requested D. K.N. Singh, Additional Solicitor General of India to seek instructions from the Central Government regarding the issues which have emerged, particularly in relation to providing facilities at ESIC Hospital, Bhita, Patna and enhancing facilities at All India Institute of Medical Sciences, Patna as also the mode and manner in which the Central Government is willing to help and assist the State Government to enable it to tide over the prevailing situation on account of the alarming surge in COVID- 19 cases in the State of Bihar.

State Government is directed to ensure that all Dedicated COVID Health Centres are equipped with portable X-ray machines as quickly as possible and initiation of process to acquire CT Scan machines for dedicated COVID Health Centres in each District of State of Bihar should also be considered.

[Order dated 17-04-2021]

Bench noted in its 15th April Order that on one hand, COVID patients were running helter-skelter for admission in COVID Care Centers/Dedicated COVID Care Centers/Dedicated COVID Hospitals, figures presented by the Health Department represented that a large number of the beds available for COVID patients were unoccupied.

To the above, Court stated that no acceptable logic came forth to explain the startling phenomenon, as admittedly patients in the state are being denied admission because of unavailability of beds, though lack of awareness among affected people about the availability of such facilities is being cited as one of the reasons for the mad rush to Patna Hospitals out of a sense of fury.

Another aspect of the data that puzzled the Bench was that admittedly there is a shortage of medical oxygen in the State, but the data of the State Government depicted that huge number of beds with oxygen are available and again the said contradiction remained unexplained.

  • Principal Secretary in the present hearing informed the Court of compliance of certain directions issue don 15th April, 2021.
  • Court directs the State Government to ensure that the portable X-ray machines are positively acquired and installed
  • in compliance of this Court’s observations and direction on 15.14.2021, so as to make the residents of Bihar known about the available infrastructure, the Department has initiated a system of daily media briefing, disclosing all relevant information relating to location wise availability of facilities and infrastructure for treating COVID patients.
  • CT values are being mentioned in the RT-PCR Reports.
  • Steps have been taken for emergency procurement of Remdesivir injection by invoking Section 50 of the Disaster Management Act.
  • Rajendranagar Eye Hospital, which is a government hospital, has been decided to be utilised for admitting patients suffering from COVID-19.
  • Steps have been taken to increase number of beds in All India Institute of Medical Sciences, Patna (for short AIIMS, Patna) to 250 and Indira Gandhi Institute of Medical Sciences to 100
  • Manoj Kumar, the Executive Director, Bihar State Health Society, informed this Court that on an average 40,000 RT-PCR tests are being done in the State of Bihar per day, and steps to establish 9 more laboratories are being taken.
  • Apart from requisitioning liquid gas from the neighboring State of Jharkhand, the State Government and the Central Government are taking sincere measures for installation of Pressure Swing Absorption (PSA) plants in the hospitals connected with various medical colleges in theState of Bihar.

Executive Director, Bihar State Health Society submit a report explaining the progress regarding installation of PSA plants on the next day. He may also explore the possibility of procuring High Flow Nasal Canula (HFNC) and submit a report inasmuch as the same is reported to be effective in improving oxygenation amongst patients with acute hypoxemic respiratory failure.

Respondents to step up the speed/pace of RT-PCR tests in the State.

Court took note of the fact that State- Respondents have failed to regulate testing of such persons who are arriving in the State of Bihar from other States, who have the potential of spreading the disease.

“…minimum what is expected of the State-Respondents is to take all possible measures so as to ensure that persons coming from outside the State are either made to undergo rapid antigen test or they are able to show on the basis of the test reports available with them that they are not COVID positive. In case a person is found to be COVID positive, steps should to taken to ensure that he can reach a designated place for isolation or treatment with adequate and desired care and caution.”

Court while directing the Respondents-State of Bihar to submit a report regarding the available manpower and other infrastructure at listed the matter on 19-04-2021.[Shivani Kaushik v. Union of India, Civil Writ Jurisdiction Case No. 353 of 2021, decided on 17-04-2021]


Advocates before the Court:

For the Petitioner/s: Shivani Kaushik (In Person)

For the UOI: Dr K.N. Singh (ASG)

For the State: Anjani Kumar, AAG-4

For the Respondent 5: Mrs Binita Singh

For Respondent 6: Shivender Kishore, Sr. Advocate

For PMC: Prasoon Sinha