IN THE HON’BLE SUPREME COURT OF INDIA

ORIGINAL CIVIL JURISDICTION

I.A. NO. 55935 OF 2020

IN

SUO MOTU WRIT PETITION (CIVIL) NO(S). 7 OF 2020

IN THE MATTER OF:

SUO MOTU WRIT PETITION (CIVIL) NO(S). 7 OF 2020

IN RE THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED

HANDLING OF DEAD BODIES IN HOSPITALS ETC.

AND IN THE MATTER OF:-

Dr. Ishwar Gilada ...APPLICANT

PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)

New Delhi [Rohit Rathi]

Date: 18-06-2020 Advocate for the Applicant/ Impleadment
 INDEX
S.N Particulars Page Nos.

1 Application for Impleadment 1 - 24

2 Annexure-A1: 25-33
Applicant’s pursuing various medico-legal cases and the
Hon’ble High Court of Bombay has taken due cognizance
of the same
3 Annexure-A2 : 34
Country-wise data of Coronavirus from the website
‘worldometer.info’
4 Annexure-A3: 35-38
Circular dated 21.03.2020 issued by ICMR
5 Annexure-A4: 39-40
Order dated 12.06.2020 issued by the Government of
Andhra Pradesh
6 Annexure-A5: 41-42
Order dated 13.06.2020 issued by the Govt of Maharashtra
7 Annexure-A6: 43-44
Advisory to start rapid antibody based blood test for Covid
– 19 dated 04.04.2020
8 Annexure-A7: 45-46
Protocol for using ‘Rapid antibody test’ in Hot area –
epidemiological studies and surveillance dated 17.04.2020
issued by the ICMR
9 Annexure-A8: 47
Protocol for using Rapid Anti Body Test dated 22.04.2020
issued by the ICMR
10 Annexure-A9: 48
Advisory on Rapid Antibody Blood Tests dated 27.04.2020
issued by the ICMR
11 Annexure-A10: 49-52
ICMR advisory on sero-survey to in the population using
IgG ELISA test dt 30.05.2020
12 Annexure-A11: 53-55
ICMR advisory on the use of ‘Rapid Antigen Detection
Test’ dt 14.06.2020
13 Annexure-A12: 56-58
Circular No. 1625/ C dt. 05.06.2020 issued by the MCGM,
Mumbai
14 Annexure-A13: 59
Addendum dt13.06.2020 to circular dt. 05.06.2020 issued
by the MCGM, Mumbai
15 Application for Exemption from WELFARE, COURT 6-61
FEE and ATTESTED AFFIDAVIT
16 Vakalatnama 62
 IN THE HON’BLE SUPREME COURT OF INDIA

ORIGINAL CIVIL JURISDICTION

I.A. NO. 55935 OF 2020

IN

SUO MOTU WRIT PETITION (CIVIL) NO(S). 7 OF 2020

IN THE MATTER OF:

SUO MOTU WRIT PETITION (CIVIL) NO(S). 7 OF 2020

IN RE THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED

HANDLING OF DEAD BODIES IN HOSPITALS ETC.

AND IN THE MATTER OF:-

Dr. Ishwar Gilada ...APPLICANT

APPLICATION FOR IMPLEADMENT

TO
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS
COMPANION JUDGES OF THE HON’BLE SUPREME
COURT OF INDIA.

The Humble Application of the Applicant

above named:

MOST RESPECTFULLY SHEWETH:

1. The Applicant is a practising doctor by profession and is based in Mumbai.

The Applicant is also a public spirited individual who is deeply concerned

with the state of affairs in our nation on account of the rampant spread of

Covid-19. In view of the suo-motu cognizance having been taken by this

Hon’ble Court on 12.06.2020, the Applicant deems fit to discharge his duty
 as a health expert invested in community medicine over the last few decades

to try assist this Hon’ble Court during these testing times.

1. The credentials of the Applicant are stated as under:

a. The Applicant was the first person to raise alarm against AIDS in India in the
year 1985 and detected HIV infections accordingly. He started India’s first
AIDS Clinic in the year 1986 at the government run JJ Hospital, Mumbai. He
is a globally acclaimed HIV expert, credited with bringing India on the AIDS
control map of the world. Presently, he is the President of AIDS Society of
India (ASI) and Secretary General of Peoples Health Organisation India
(PHO) and Organized Medicine Academic Guild and is Governing Council
member of International AIDS Society (Headquartered at Geneva).

b. The Applicant after graduating MBBS from Government Medical College,

Aurangabad, sub-specialized in Skin and Sexually Transmitted Diseases
(STDs) with an acclaimed dissertation on the subject ‘Pattern of STDs among
Hijras (transgenders)’. The said dissertation also fetched him ‘Diplomate’ of
the American Board of Sexology. He then became the first Indian to receive
HIV training at San Francisco General Hospital and University of Medicine
and Dentistry, New Jersey (1987).

c. To tackle medico-social problems of the downtrodden, he established PHO

(formerly Indian Health Organization); the premier NGO that spearheaded
India’s HIV awareness campaign and sensitized governments and people
about the impending epidemic. PHO is acclaimed for its HIV intervention and
projects for sex-workers (Saheli Project) and for PMTCT (PHO-Wadia model
projects), which were replicated at several places globally and were
recognized in ‘UNAIDS Best Practices’. The US-India Business Council
named PHO the most outstanding Indian NGO of the year 1997. OY
Millennium Films, Finland featured his work in ‘Saheli-a friend in need’ that
received Prix Italia 2001 Awarde. He also toiled hard for abolition of
Devadasi system (cult-based prostitution) and controlling child prostitution in
India from 1982 to 2000.

d. The Applicant has initiated, supervised and evaluated 38 AIDS projects in 7

Indian states; worked as consultant for American Foundation for AIDS
Research, World Vision International, USAID; evaluated Zambia's National
STD/AIDS Control programme. Till date, he has addressed over 3750
meetings and training programmes in India and in several high HIV inflicted
 African nations. He has 78 awards to his credit. The Junior Chamber
International, USA conferred on him "The Outstanding Young Person of the
World" award at Glasgow for the year 1995. He was awarded the coveted
Annemarie Madison International Award in Munich and was termed as ‘the
Indian Machinegun against AIDS’ in the year 1999.

e. Among several firsts, he started India's first comprehensive HIV clinic,

Unison Medicare and Research Centre, Mumbai in the year 1995 which caters
to more than 7000 patients. It was declared HIV care model for resource-poor
settings at the 12th International AIDS Conference (IAC), Geneva and was
replicated in India and Africa.

f. He served as National AIDS Committee Joint Secretary, Govt. of India for the
period from 1995-1997, on the Governing Board of AIDS Society in Asia and
Pacific (ASAP) for the period from 1992-1994, was AIDS Advisor for the
States of Goa and Uttar Pradesh for the period from 1995-1999 and was on
Global AIDS Policy Coalition and AIDS and Reproductive Health Network
boards under the legendary Human Rights crusader who had started Global
Program on AIDS under the WHO, Dr Jonathan Mann for the period from
1992-2000.

g. He founded Asian Solidarity against AIDS-ASAA in the year 1991 and was
its Secretary till the year 2004. For the period from 1993-2008, he was Editor-
Publisher of AIDS ASIA for ASAA, Asia’s first AIDS newsletter; which
received the Best NGO Magazine award for the years 1999, 2000 and 2003 by
the Association of Business Communicators of India.

h. One of his seminal contributions in strengthening India’s AIDS response is

training thousands of students, doctors, nurses, social workers and counselors
in HIV-care. He is one of the founders of AIDS Society of India; which is a
professional body of HIV physicians and researchers in India, established in
the year 2000 on lines of International AIDS Society (IAS).
 i. He is one of the founders and is Secretary General of Organized Medicine
Academic Guild – an apex body of 20 professional medical organizations in
India, established in the year 2018, which represents more than 150,000
medical specialists in India.

j. The Applicant has published / presented 275 scientific papers globally

including IACs from the year 1989 and International AIDS Society (IAS)
Science conferences from the year 2001, addressed Plenary at IAC-
Amsterdam in the year 1992, authored chapters on AIDS/STDs and sex-
workers. He had organized and chaired World Congress on AIDS, Mumbai in
the year 1990, 12 national AIDS conferences in different cities of India and 11
satellite seminars at IACs. He has been IAS member since 1989 and elected to
its Governing Council to represent Asia-Pacific in 2018 for four years. His
bids were shortlisted for International AIDS Conferences twice for the years
(2013 and 2019) as he is trying hard to get one to India for the first time.

k. He has championed the cause of HIV treatment access in ‘patents versus

patients’ fight globally. Today, India meets 92% of global requirements of
HIV treatment. He has been great human rights activists in fighting stigma and
discrimination faced by people living with HIV and marginalized
communities. The first Goan HIV positive person – Mr. Dominic D’souza,
who was incarcerated in isolation in 1989 was released and the Goa Public
Health act 1985 was repealed as a result of the Applicant’s initiatives,
following a PIL in Goa Bench of the Bombay High Court, in 1989.

2. That the Applicant has also been actively involved in pursuing various

medico-legal cases and the Hon’ble High Court of Bombay has taken due

cognizance of the same, marked as Annexure A/1 (pages 25-33)

3. It is relevant to state at this juncture that as on 14.06.2020, India is ranked at

4th in terms of the number of cases, behind U.S.A., Russia and Brazil. In

terms of the daily new Covid-19 cases, India is number three globally - after
 Brazil and USA. In terms of daily new Covid-19 deaths, India is number

three globally - after Brazil and USA, and likely to be number two shortly

bypassing USA. In count of Serious or Critical cases at given point/day,

India is number two globally - only next to USA. Earlier, India did not even

divide active cases into ‘mild’ & ‘serious / critical’ and started reporting

‘serious / critical’ cases only after 30.05.2020. Strangely, the number of 8944

‘Serious / Critical’ cases is stagnant and unchanged for more than a week.

Further, the source of Covid - 19 infection in more than 50% of the cases in

India cannot be ascertained thereby leading to a possibility of confirmed

Community Transmission, the fact that the ICMR is adamant on not

acknowledging. A true copy of the comparative graph of the country wise

data of Coronavirus from the website ‘worldometer.info’ reflecting the

abovementioned details is annexd herewith and marked as Annexure –

A/2 . (Pg. 34)

4. That this Hon’ble Court vide its Order dated 12.06.2020, inter-alia, directed

as under:

“We impress upon the States to ensure that there should be

steep increase in the testing both by Government hospitals
and private labs and whosoever desires for testing should
not be denied on any technical ground or any other ground.
The States may consider simplifying the procedure so that
more and more tests be held to benefit the patients.”

5. It is respectfully submitted that the Director General of World Health

Organisation (WHO) vide his opening remarks at the media briefing on

Covid-19 dated 16.03.2020 stated, inter-alia, that ‘there is a simple message

for all the countries – test, test, test’.

6. It is humbly submitted by the Applicant that the testing in India is woefully

inadequate as compared to the nations equally or more burdened with the

scourge of Covid - 19. The number of tests conducted in India till 9:00 am
 on 15.06.2020 as per the Indian Council for Medical Research (ICMR) is

57,74,133. This, as compared to the other nations reflects the low rate of

testing in India. Presently, India is at 4 th position in terms of number of cases.

The severity of the said situation can be gauged from the fact that India was

at 25th rank on 25.03.2020. India’s Covid-19 testing rate as on 15.06.2020 is

4186 / million population which is lesser than 6% of the tests per million

population conducted by several countries including – 76,329/million in

USA, 103,892/million for Russia, 101,169/million for UK, 103,232/million

for Spain, 76,884/million for Italy, 56,034/million for Germany,

31,723/million for Turkey, 41,773/million for Peru and 44,950/million for

Chile.

7. It is respectfully submitted that an infection like Covid – 19 needs to be

tackled with four ‘Ts’ in a full cycle – Test-Trace-Track-Test. The various

kinds of Covid – 19 tests and techniques currently available are stated as

under:

1. Molecular Test – Reverse Transcriptase Polymerase Chain Reaction

(RT-PCR). This is a gold standard and a direct test done on the swab

drawn from naso-pharynx or throat. The process includes collecting a

nasal or a throat swab and extracting the Ribonucleic Acid (RNA) which

is the genetic material of the virus. If it shares the same genetic sequence

as the Coronavirus, then the test is deemed to be positive. However, the

test can be false negative, in about 30% cases, if the sample doesn’t

contain virus, though the person is infected and is in incubation period or

is not administered properly.

In this two point-of-care tests have been also added and they have been

also approved by the ICMR to be used as PCR tests:

 (a) TrueNAT means Chip based Nucleic acid Amplification Test,

manufactured by Molbio

(b) CBNAAT means Cartridge-based Nucleic Acid Amplification Test,

Manufactured by Cepheid.

They are single cartridge or chip, so can be done even one test, with fast

turn-around time,40 min. for report and are categorised as PoC test,

means test can be done in clinic or hospital itself and thus sample need

not be sent to specialised laboratories.

2. Serology or the Indirect Antibody Test – The said tests are conducted

on blood samples of an individual. These tests detect the quantities of

antibodies in the immune system – which develop as a result of settling

of Coronavirus in the body. Pertinently, the said tests do not detect the

presence of Coronavirus in the body. However, the presence of antibodies

which take about 2-3 weeks’ time to develop once the virus infects the

body - is detected. The said tests are broadly of two kinds –

A. Rapid Antibody Test – The said test can be done singularly on whole

blood or blood serum.

B. Enzyme Linked Immuno-sorbent Assay or ELISA – A conventional

ELISA test requires ELISA reader which is done on blood serum

samples and can be done in large batches of multiples of 96 and upto

480 at tests at one point of time. All the blood banks and mid to large

size medical laboratories have ELISA readers and washers.

8. Apposite to state, the abovementioned antibody tests are crucial to determine

if someone is currently infected or was previously infected. Presence of

Immunoglobulin (IgM) antibodies in patients’ serum indicates recent

infection. Further, the presence of Immunoglobulin G (IgG) in the body

indicates the factum of a patient having been previously affected. The said

‘antibody’ tests can act as an effective surveillance tool in containing the

 spread of Covid-19 in containment zones, migrant population, people

travelling inter- state, healthcare and frontline workers etc.

9. It is humbly submitted that the need of the hour, as has already been pointed

out by this Hon’ble Court vide its Order dated 12.06.2020 is to increase

testing by the States which are grappling with the spread of Covid -19. It is

further submitted that it is also essential to streamline the process of testing

in order to tackle the pandemic in an efficient manner. The following

possible reasons are mentioned for lack of adequate testing and proposed

solutions are humbly provided herein:

A. HIGH COST OF TESTING:

1. In this context, it is essential to mention ICMR’s circular dated

21.03.2020. Vide the said circular, it was stated, inter-alia that the

‘National Task Force recommends that the maximum cost for

testing sample should not exceed Rs 4,500/-. This may include Rs.

1500 as screening test for suspect cases, and an additional Rs.

3,000/- for confirmation test. However, ICMR encourages free or

subsidized testing in this hour of National public health

emergency.’ A true copy of the Circular dated 21.03.2020 issued

by ICMR is annexed herewith and marked as Annexure – A/3

(Pages 35 to 38)

2. It is pertinent to state that above costs apart from being high, labs

continue to charge Rs. 4,500 despite no confirmation tests being

conducted. The charging of aforesaid amount of Rs. 4500 exerts a

heavy burden not just on the patients but even the Government run

hospitals where subsidized treatment is provided to the patients. A

clarification in the said circular is therefore pivotal in order to

prevent the labs from overcharging the patients. It is relevant to

 state that once the screening tests is negative, there is no need to

conduct a subsequent confirmation test. The said fact needs to be

brought to the knowledge of the general public by the ICMR in

order to protect them from such unscrupulous practises of the labs.

3. It is urgently needed to reduce the costs of testing. The

Government of Andhra Pradesh vide a Government Order dated

12.06.2020 fixed the cap at Rs. 2,400/- and Rs. 2,900/- for the

confirmatory tests. A true copy of the Government Order dated

12.06.2020 issued by the Government of Andhra Pradesh is

annexed herewith and marked as Annexure – A/ 4 (pages 39-40)

4. Similarly, the State of Maharashtra vide a Government Resolution

dated 13.06.2020 fixed the costs for RT-PCR testing at a

maximum of Rs. 2,800/-. A true copy of the Government

Resolution dated 13.06.2020 issued by the Government of

Maharashtra is annexed herewith and marked as Annexure - A/ 5

(pages 41-42)

5. It is necessary that the affected states follow the aforesaid at the

earliest.

B. INCREASING THE TESTING USING A COMBINATION OF

THE ABOVEMENTIONED TWO METHODS OF TESTING

AND POOLED-SAMPLE TESTING

1. The cost of RT-PCR per sample can be reduced almost by 60%, if

pool-tsting is done, by way of pooling 5 samples at one place and

run a single RT-PCR test. If a pool comes positive, then all five

samples from that pool have to be retested. For illustration, for 100

patients samples, in initial run of pool-testing, 20 (100/5) tests will

be done. Even if four or five of these pooled-samples test positive

another 20 (4x5) or 25 (5x5) tests have to be repeated. This is an

 excellent cost-reduction method in low-prevalence zone. ICMR

with its circular dt. 13.04.2020 had suggested this and had taken up

for clinical trial. The ICMR circular dated 13.04.2020 is annexed

herewith and marked as A/ .

2. The ICMR from time to time has issued various guidelines as

regards the methodology of testing to be followed by the States. The

first such ‘Advisory’ dated 04.04.2020 categorically advised usage

of Antibody tests for the areas reporting clusters (Containment

Zones) and large migration. A true copy of the Advisory to start

rapid antibody based blood test for Covid – 19 dated 04.04.2020 is

annexed herewith and marked as A/ 6 (pages 43-44).

3. Thereafter, a protocol for using ‘Rapid antibody test’ in Hot area –

epidemiological studies and surveillance dated 17.04.2020 was

issued by the ICMR to the Chief Secretaries of all the States. The

said Protocol contained guidelines, inter-alia, for use of the antibody

test kits hot spots and for surveillance. A true copy of the Protocol

for using ‘Rapid antibody test’ in Hot area – epidemiological studies

and surveillance dated 17.04.2020 issued by the ICMR is annexed

herewith and marked as Annexure–A/7(pg 45-46)

4. Subsequently, a Protocol for using Rapid Anti Body Test dated

22.04.2020 was issued to all the States whereby it was stated that

ICMR will collect data from various States to assess the scope and

utility of such antibody kits. A true copy of the Protocol for using

Rapid Anti Body Test dated 22.04.2020 issued by the ICMR is

annexed herewith and marked as Annexure – A/8 (page 47) .

5. Lastly, vide a communication dated 27.04.2020 issued by the ICMR

to the States thereby directing them not to use the rapid antibody

test kits of certain companies. A true copy of the Advisory on Rapid

Antibody Blood Tests dated 27.04.2020 issued by the ICMR to

 States is annexed herewith and marked as Annexure – A/9 (page

48) .

6. A Press Release dated 30.05.2020 was issued by the ICMR in the

nature of an advisory to the States to conduct sero-survey to

measure Coronavirus exposure in population using IgG ELISA test.

It was inter-alia stated in the said advisory that for several viral

infections, antibody tets are useful for disease detection after 5-7

days of illness. It was further state in the said advisory as under –

“IgG antibodies generally start reappearing after two weeks of

onset of infection, once the individual has recovered after

infection and last for several months. Therefore, the IgG test is

not useful for detecting acute infection but indicates episode of

SARS-CoV-2 infection in the past. However, detection of IgG

antibodies is useful in the following situations:

i). Sero-surveys help to understand the proportion of population

exposed to SARS-CoV-2 infection including asymptomatic

individuals. Depending upon the level of sero-prevalence of

infection, appropriate public health interventions can be planned

and implement for prevention and control of the disease. Period

sero-surveys are useful to guide the policy makers.

ii). Survey in high risk or vulnerable populations (health care

workers, frontline works, immune-compromised individuals in

containment zones etc.) to know who has been infected in the

past and now has recovered.

A true copy of the Press Release - ICMR advises States to conduct sero-

survey to measure Coronavirus exposure in the population using IgG ELISA

test dated 30.05.2020 is annexed herewith and marked as Annexure – A/ 10

(pages 49-52) .
10. Further, vide ‘Advisory on use of ‘Rapid Antigen Detection Test for Covid–

19’ dated 14.06.2020 issued by the ICMR – it was suggested by the ICMR to

employ ‘Rapid Antiden Detection’ tests in conjuction with the RT-PCR tests

under certain specified circumstances. A true copy of the Advisory on the

use of ‘Rapid Antigen Detection Test for Covid–19’ dt 14.06.2020 issued by

ICMR is annexed herewith and marked as Annexure–A/11 (Pg 53-55).

11. It is relevant to state that the said advisory also provides that the scientists at

National Institute of Virology, Pune have developed and validated an

indigenous ELISA test for antibody detection for SARS-COV 2. Further, the

advisory states that in order to fast track production and increase availability

of the tests, ICMR has transferred this technology to many pharma

companies.

12. That, from the aforesaid, the importance of Rapid Antibody Testing in the

process of controlling the pandemic is abundantly reflected. Further, the said

process needs to expedited in order to prevent the further spread of the

disease.

13. It is stated that this Hon’ble Court vide its Order dated 12.06.2020 has already

identified States of Maharashtra, Tamil Nadu, West Bengal and Gujarat as

States with a high spread of Covid – 19. Pertinently, the Municipal

Corporation of Greater Mumbai issued a Corrigendum dated 13.06.2020

thereby stating that no positive report shall be shared by the laboratory with

the patient directly. The laboratory shall share the report only with

Municipal Corporation of Greater Mumbai (MCGM) and once MCGM

receives a positive report, it shall share the positive report with the patient. A

true copy of the circular/ communication No.HO/1625/C dt 05-06-2020 on

the subject “Implementation of comprehensive policy for Covid-19 testing

 issued by MCGM is annexed herewith and marked as Annxure– A/12 (Pg

56-58).

14. Pertinently, the Public Heath Dept of MCGM issued a subsequent

Circular/Communication dt. 13.06.2020 to the aforesaid

Circular/Communication dt. 05.06.2020 thereby, inter-alia, modifying the

clause (3) of the aforesaid circular to prevent laboratories from sharing

information of positive patients with hospitals directly. The laboratory shall

share the report only with Municipal Corporation of greater Mumbai

(MCGM) and once MCGM receives positive report, it shall be its duty to

further intimate it to the patient. A true copy of the circular/ communication

No.MGC/F/2332 dt. 13-06-2020 issued by MCGM is annexed herewith and

marked as Annxure– A/13 (Pg 59)

15. It is humbly stated that the aforesaid Addendum is in direct violation of the

Order dated 12.06.2020 passed by this Hon’ble Court whereby it was held,

inter-alia, that increase in testing facility is the duty of the State so that

people may come to know about their health status regarding Covid – 19 and

they may take appropriate care and treatment of Covid – 19. It is submitted

that right to know his / her health condition is a Fundamental Right of an

individual which cannot be abrogated by an executive fiat. The Applicant

submits that though sharing of such information with the health and other

statutory authorities is of utmost importance, however, the patient can be

kept informed of his status. Further, the deeming of this status as ‘positive’

by any patient will only lead to disruption and delay in tackling the ongoing

pandemic. Also, the said addendum enhances the possibility of spread

through asymptomatic carriers given that non providing information to a

positive patient will not compel him to be home / institutionally quarantined /

hospitalized with immediate effect. The said addendum insofar it states that
 the ‘positive’ report cannot be shared with the patients being unconstitutional

and arbitrary, needs to be quashed and set aside.

16. That this Hon’ble Court may therefore grant indulgence to the Applicant

looking into nature of public interest involved.

17. The Applicant states that he has no other alternative, equally efficacious

remedy except by means of the present application.

18. The Applicant herein reserves the right to file a detailed affidavit along with

relevant annexures in future, if so directed.

19. This application is being moved bonafidely and in the nature of public

interest.

PRAYERS

In the aforesaid facts and circumstances, the applicants most humbly pray for

the following amongst other prayers:

a) Allow the present Applicant to be impleaded as an Intervener and

thereafter, if need be, to file a detailed affidavit;

b) Issue a Writ of Mandamus or any other appropriate Writ, Order or

Direction to the Respondent States to acquire the IgG ELISA test kits in

terms of the advisory dated 30.05.2020 and begin testing on the possible

groups / community / population based on specific requirement as per

Annexure – I of the said advisory;

c) Issue a Writ of Mandamus or any other appropriate Writ, Order or

Direction to the Indian Council for Medical Research (ICMR) to assist

the Respondent States in acquiring the Rapid Antibody kits from the

concerned pharma companies;

d) Issue a Writ of Mandamus or any other appropriate Writ, Order or

Direction to the Respondent States to fix an upper cap substantially lower

than the present cost of Rs. 4,500 for RT-PCR tests;

e) Declare the actions of the laboratories insofar they charge Rs. 4,500

where no subsequent confirmation tests are required as arbitrary and

violative of the Circular dated 21.03.2020 issued by the Ministry of

Health and Family Welfare, Government of India;

f) Issue a Writ of Mandamus or any other appropriate Writ, Order or

Direction to the ICMR to direct laboratories which have overcharged

from hospitals, patients etc. based on the Circular dated 21.03.2020

issued by the Ministry of Health and Family Welfare, Union of India to

refund the amount to the concerned hospital and patients;

g) Alternative, the overcharged amount as per the abovementioned prayer

clause (f) should be donated to the PM Cares Fund or the concerned

Chief Minister’s Fund;

h) Issue a Writ of Mandamus or any other appropriate Writ, Order or

Direction to the ICMR to expedite clinical trial of Pooled-Sample testing

and implement it as policy at least for low-prevalence zones, to increase

the testing net at reduced cost.

i) Quash and set aside the Addendum dated 13.06.2020 to the Circular

dated 05.06.2020 issued by Municipal Corporation of Greater Mumbai

insofar it directs laboratories not to share positive test report with the

patients;

j) pass such other or further order as this Hon’ble Court may deem fit in the

proper circumstances of the case.

Filed by
New Delhi (Rohit Rathi)

Filed On: 18-06-2020 Advocate for the Applicant