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Business News/ News / India/  Sudden spike in Covid-19 cases in Delhi cannot be ignored: HC
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Sudden spike in Covid-19 cases in Delhi cannot be ignored: HC

HC directs Delhi govt to re-strategise the testing so that maximum number of cases, which are turning out to be asymptomatic, can undergo a test at private laboratories to prevent spread of coronavirus infection

(Photo: Reuters)Premium
(Photo: Reuters)

New Delhi: The Delhi High Court on Monday said that the sudden spike of Covid-19 cases cannot be ignored. The court has directed Delhi government to file a status report on the measures taken by the state government to re-strategise the testing plan in Delhi so that maximum number of persons, who are asymptomatic, can undergo a test through RT-PCR to prevent the spread of COVID-19 infection. This, even more so, since Unlock 4 has been declared and free movement of people has been permitted in almost all the sectors. The analysis of the second sero-surveillance shall be a part of the said Status Report with a comparison of the results thrown up in the first round of sero- surveillance conducted in Delhi.

ICMR shall also place on record the fresh advisory, which is being re-strategised, on an affidavit by the next date of hearing.

While drawing up fresh guidelines, Delhi Government shall examine as to whether the necessity of obtaining a prescription from a private doctor for undergoing the RT-PCR should be made mandatory/optional or done away with.

β€œ.... As against 1250 cases reported on 21.08.2020, the figure has shot up to 2024 as on 30.08.2020. As against 589 Containment zones existing on 21.08.2020, the Containment zones have increased to 820, as on 30.08.2020. Looking at aforesaid rising figures, by no stretch of imagination can it be stated that the COVID-19 dragon has been tamed much less slain. It is looming large in the city and needs to be tackled on priority. This court is therefore not satisfied with the number of testing actually being conducted on ground by the Delhi Government," the order reads.

The court observed on a perusal of the tabulated statement of the number of tests conducted in Delhi between 18 August and 26 August and added to that, the information furnished by the Additional Standing counsel (ASC) for the Delhi government for the period between 27 August to 30 August, it transpires that a minimum of 8,082 tests were conducted through RAT on 23 August and a maximum number of 16,013 tests were conducted on 28 August.

Similarly, a minimum of 3,472 tests were conducted through RT-PCR on 23 August as against 7,043 tests were conducted on 27 August.

The order added that the total tally of tests conducted as above, reveals that while testing through the RAT mode has increased incremently, testing through RT-PCR has been stagnating between 5,000 to 6,000, on an average. In other words, though the combined testing capacity of private and public laboratories in Delhi through the RT-PCR mode is 14,000, the actual testing through RT- PCR including CBNAAT and TrueNat, is virtually half of the said number.

The court enquired as to why should ICMR not consider issuing a fresh advisory in respect of Delhi, particularly, when there is a huge spike in the Covid-19 cases on a daily basis, from 21 August onwards.

ICMR scientist Dr Nivedita Gupta informed the court that ICMR only issues nationwide advisories and is in the process of re-strategising to come up with a fresh advisory but that does not preclude any state from declaring their own set of guidelines, depending on its capacity of the testing and the number of COVID-19 cases emerging in the said state.

She gave the example of the state of Punjab where the government has permitted testing through RT-PCR without obtaining any prescription from a doctor. She has also stated that the state of Maharashtra, looking at its own needs, has tweaked the advisory of the ICMR to come up with its own guidelines.

The court also asked Dr. Nutan Mundeja, DGHS, Delhi government as to why the state government has not decided to open up the RT-PCR testing through private laboratories, as long as the public exchequer is not burdened and it does not create a scarcity of testing.

She submitted that in view of the rise in the number of Covid-19 cases and the submission made on behalf of the ICMR today, Delhi government will re-strategise its plans of testing, not only through RAT, but also through the RT-PCR mode.

Additional standing counsel Satyakam for the Delhi government added that the Delhi government is conscious of the fact that the testing capacity has to be ramped up, particularly in the containment zones which have risen to 820.

β€œThe court expects Delhi Govt. to come up with an Advisory in respect of persons who wish to get themselves tested for COVID-19 infection through RT-PCR, as long as it does not adversely impact the testing of samples sent by Delhi Govt. to private laboratories or the timeline within which the reports are to be submitted by the said labs to the Delhi Govt.. In any case, the charges for RT-PCR testing by private laboratories has been capped by the Delhi Govt. at Rs.2,400/- per test," the order added.

The court also asked the counsel of NABL to clarify as to whether NABL is insisting on accreditation of a private laboratory for all the tests, even if it proposes to collect samples for testing through RAT.

He has clarified that NABL is not insisting on the same and if a private laboratory wishes to collect a sample for conducting the RAT test, the accreditation given will be limited only to that test.

The matter would be next heard in September.

The order by the bench comprising Justice Hima Kohli and Justice Subramonium Prasad came while hearing a plea by advocate Rakesh Malhotra, on increasing the testing numbers in the national capital and getting speedy results.

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Published: 31 Aug 2020, 10:22 PM IST
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