Implement SC order on providing Covid test reports directly to patients or relatives: Bombay HC to civic body

According to circular, private labs should first share the report of a positive patient with BMC and only if a patient tests negative, can the report be shared directly with him or her.

Written by Omkar Gokhale

Mumbai | June 21, 2020 01:31 AM IST

3 min read

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The HC, while disposing the plea, refused to pass any orders and asked the BMC to abide by the SC direction. (File)

The Bombay High Court on Saturday asked the BMC and the Maharashtra government to implement Friday’s Supreme Court directive that had asked the state to handover reports of Covid-19 tests directly to the patients or their family members.

A division bench of Justice S J Kathawalla and Justice Nitin R Borkar was hearing a writ petition filed by Vinod Mishra, BJP corporator from Malad, seeking to set aside BMC’s June 13 circular.

According to circular, private labs should first share the report of a positive patient with BMC and only if a patient tests negative, can the report be shared directly with him or her. Even the results of the tests conducted in hospitals by private labs will have to be shared with BMC first, the circular had added. However, the Supreme Court Friday had asked the lawyer representing the Maharashtra government before it to advise the state to issue an appropriate order permitting handing over of Covid-19 test reports directly to the patients or their family members.

On Saturday, senior advocate Anil Sakhare, appearing for BMC, challenged the maintainability of Mishra’s plea and said that the issue concerned the well-being of the general public and should have been filed as a public interest litigation. The BMC also submitted that the decision was taken to ensure better bed management and as on June 18, Mumbai has 18,294 bed for the infected, of which 5,424 are unoccupied.

Mishra’s lawyers Amogh Singh and Jeet Gandhi said that since BMC was not made a party to the case before the Supreme Court, its order was not applicable to the civic body and sought appropriate order from the HC.

Following this, the HC noted that the top court, in its order, had said that “it had no doubt that the states and all concerned authorities shall supply a copy of the report to the patient or his or her relatives and the hospital”. In view of this, the HC, while disposing the plea, refused to pass any orders and asked the BMC to abide by the SC direction.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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