Delhi High Court
Karan Ahuja vs Union Of India & Ors. on 26 November, 2021
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 26thNovember, 2021
+ W.P.(C) 5487/2021 & CM APPL. 17008/2021(Interim relief)
KARAN AHUJA ..... Petitioner
Through: Mr. Kuldeep Jauhari, Mr. Rajat
Bhatia, Mr. Anubhav Tyagi and Mr. Aditya
Pathak, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Chetan Sharma, Additional
Solicitor General with Mr. Anil Soni, Central
Government Standing Counsel with Mr. Amit
Gupta, Mr. Akshay Gadeock, Mr. Vinay Yadav,
Mr. Sahaj Garg, Mr. Rishav Dubey and Mr. R.V.
Prabhat, Advocates for UOI.
Mr. Anurag Ahluwalia, Central Government
Standing Counsel with Mr. Abhigyan Siddhant
and Mr. Danish Faraz Khan, Advocates for R-2.
Mr. Gautam Narayan, Additional Standing
Counsel with Ms. Ritika Vohra and Mr.Adittya
Nair, Advocate for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE(ORAL)
1. Present Public Interest Litigation has been preferred seeking the
following reliefs:-
"I. Direct the Respondent No. 3 to allow the Petitioner
and his parents to be tested for SARS-CoV-2 (COVID-19)
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:01.12.2021
17:56:41
at Delhi Government Dispensary, B-3 Sultanpuri, Delhi-
86;
II. Direct the Respondents No. 1 to 3 to strike down Point
No. (i) under the Recommended measures to optimize
RTPCR in the Advisory dated 04.05.2021 issued by
Respondent No. 2 which reads as follows, "i. RTPCR test
must not be repeated in any individual who has tested
positive once either by RAT or RTPCR."
III. Direct the Respondents to not put any direct or
indirect prohibition on the right of a citizen to get oneself
tested for any infection including SARS-CoV-2 (COVID-
19).
IV. Pass any other or further directions, orders or writ as
this Hon'ble Court may, in the facts and circumstances of
the case and in the interest of justice."
2. We have heard learned counsel appearing on behalf of the Petitioner
and learned Additional Solicitor General appearing on behalf of the
Respondents and looked into the facts and circumstances of the case.
Looking to the counter affidavit filed by Respondent No.3/Directorate
General of Health Services, GNCTD, especially paragraphs 2 to 7 thereof as
also paragraph 5 of the counter affidavit filed by Respondent No.2/Indian
Council of Medical Research, we see no reason to keep the present writ
petition pending and monitor the case further.
3. Writ petition along with pending application is hereby disposed of.
Nonetheless, liberty is reserved with the Petitioner to approach this Court, in
case the need so arises.
CHIEF JUSTICE
JYOTI SINGH, J
NOVEMBER 26, 2021/rk
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:01.12.2021
17:56:41
