The Delhi High Court has expressed concern over the continued threat of COVID-19 and has asked the Central Government to file a status report regarding its decision on the policy for sample collection, sample collection centres, and sample transport.
“The next Covid pandemic is far from over and, in fact, active amongst the community,” observed Justice Anish Dayal in the order passed on May 28, 2025.
The case, titled Dr. Rohit Jain v. Sh. Apurva Chandra, involves a contempt petition filed by Dr. Jain. He alleged that the Union Government failed to comply with a previous order by the Court, dated January 27, 2023. That order had directed the government to consider his plea as a formal representation and issue a reasoned decision within 12 weeks.
As per the court records, a meeting was held on May 30, 2023, under the leadership of the Additional Director General of Health Services. Dr. Jain was invited to this meeting. During the discussion, it was decided to form four expert sub-committees—covering pathology, biochemistry, haematology, and microbiology.
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“These committees, consisting of experts from Central Government Hospitals, were meant to draft Standards of Procedure (SoPs) for sample collection and transport, and also include storage guidelines,” the Court noted.
However, the Court found that no update had been provided about the decisions made in that meeting or whether any SOPs had been finalized or implemented.
“Though on first blush, the Contempt Petition may not subsist considering that sub-committees were formed, the absence of follow-up action is a serious concern,” said the Court.
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Justice Dayal emphasized the urgency due to the recent rise in community cases of COVID-19. He stated that there appears to be a "vacuum" in follow-up actions, which could affect public health efforts.
“It would, therefore, be expected from the respondent to crystallize an urgent set of measures... and ensure that decisions taken have reached proper conclusion,” he stated.
The Court directed the Central Government’s Standing Counsel, Ms. Monika Arora, to personally ensure that concerned officers are informed of the Court’s direction and that a status report is submitted within six weeks.
The matter is scheduled for the next hearing on July 18, 2025.
Highlights from the Court:
“Steps would have been taken and protocols may be in place, but it is imperative for the authorities to place the same on record.”
“This issue assumes urgency due to widespread reports of COVID-19 activity in the community.”
Counsel for Petitioner: Ms. Mrinmoi Chatterjee, Adv
Counsel dor Respondent: Ms. Monika Arora, CGSC, Mr. Subhrodeep Saha, Mr. Prabhat Kumar, Ms. Anamika Thakur, Advs; Mrs. Prerna Dhall, Adv. for UOI
Title: DR ROHIT JAIN v. SH APURVA CHANDRA
