Pankaj Mehta v. Govt. of NCT of Delhi & Anr.

Delhi High Court · 07 Dec 2020 · 2020:DHC:3502-DB
D. N. Patel; Prateek Jalan
W.P.(C) 9587/2020
2020:DHC:3502-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a PIL seeking directions on safe disposal of COVID-19 test swabs, holding that existing detailed guidelines must be followed and allowing the petitioner to approach the Court if non-compliance occurs.

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W.P.(C) 9587/2020
HIGH COURT OF DELHI
Date of Decision: 7th December, 2020
W.P.(C) 9587/2020
PANKAJ MEHTA ..... Petitioner
Through: Mr.Prashant Sharma, Adv.
VERSUS
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Sanjoy Ghose, ASC with Mr.Naman Jain, Adv. for GNCTD.
Mr. Anurag Ahluwalia, CGSC with Mr. Abhigyan Siddhant, Advocate for R-2/UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.
C.M.No.30744/2020 (exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.9587/2020

1. This public interest litigation has been preferred with the following prayers:- 2020:DHC:3502-DB “(a) Issue a writ order or direction in the nature of mandamus or any other appropriate writ, thereby giving directions to the Respondents to follow stringent measures of safe disposal of used swabs for Rapid Antigen Testing of COVID-19; (b) Issue a writ order or direction in the nature of directions to the Respondents to form specific guidelines on the conduct of and waste disposal in the testing of the novel Coronavirus,

(c) Issue a writ order or direction in the nature of directions to the Respondent to carry out safety audits at COVID-19 testing centers across the National Capital Territory of Delhi, and

(d) Any further order(s) or direction(s) as this Hon'ble Court may deem fit and proper in favour of the Petitioners and in the interest of justice.”

2. We have heard learned counsel for the parties. Learned counsel for the respondents submitted that detailed guidelines have been issued by the concerned respondent authorities and they are at Annexures 1 & 2 to the list of documents filed by the respondents.

3. We have perused the said Annexures and it appears that detailed procedures/protocols have been prescribed for safe disposal of the human swabs used for Covid-19 Rapid Antigen testing. We expect from the respondent authorities that the guidelines, procedures/ protocols as mentioned at Annexures-1 & 2 of the documents filed by the respondents, shall be scrupulously followed.

4. The petitioner, appearing in person, does not seek any further directions.

5. With these observations, this writ petition is hereby disposed of. The petitioner is at liberty to file appropriate proceedings in case the aforesaid guidelines, procedures or protocols are not followed in any particular individual case.

CHIEF JUSTICE PRATEEK JALAN, J DECEMBER 07, 2020 ‘anb’