Govt says testing lab not possible in each district, Bombay HC expresses ‘displeasure’

On May 26, the high court had sought to know from the state government whether Covid-19 testing facilities are available in each district of Maharashtra, including Ratnagiri, and inquired if mobile clinics can be started across the state.

Written by Omkar Gokhale

Mumbai | May 30, 2020 02:33 AM IST

3 min read

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The bench expressed its displeasure over the state’s reply and sought the presence of Advocate General Ashutosh Kumbhakoni. (File)

The Bombay High Court on Friday expressed displeasure after the Maharashtra government stated it was not possible to have full-fledged Covid-19 testing facilities in all the districts of the state and that it had fulfilled the Indian Council of Medical Research (ICMR) guidelines prescribing testing lab within 250 km.

A division bench of Chief Justice Dipankar Datta and Justice K K Tated was hearing a plea filed by a fisherman seeking proper testing facilities in Ratnagiri, a non-red zone, in the light of thousands of stranded migrant workers returning to the district from red zones, such as Mumbai and Pune.

In his petition, filed through advocate Rakesh Bhatkar, 58-year-old Khalil Ahmad Hasanmiya Wasta claimed that if migrants, returning from red zones to Ratnagiri, were not tested due to lack of facilities, it would endanger the lives of local residents there.

On Friday, assistant government pleader for the state government submitted a note in response and informed the court that a testing facility had been established at the Civil Hospital at Ratnagiri as per a government resolution and same would be functional within eight days.

Responding to the court’s query on whether separate laboratory for each district can be established, the state lawyer, through the note, responded: “It can be seen that there is no need to have a separate laboratory in each district due to the procedure which gives sufficient time to send the samples to the designated laboratory within a radius of 250 km as recommended by the ICMR. Also, new laboratories cannot instantly be set up due to severe constraints in the availability of the technical infrastructure in each district.”

The bench expressed its displeasure over the state’s reply and sought the presence of Advocate General Ashutosh Kumbhakoni. When Kumbhakoni appeared, through video-conference, the bench said such an approach by the state was not acceptable.

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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