No Bombay HC interim relief in PIL on COVID-19 testing

The bench posted the petition for further hearing after four weeks and directed the government and civic bodies to file their affidavits.

The Bombay High Court on Friday refused to direct the Maharashtra government and other civic authorities to allow testing of COVID-19 on both symptomatic and asymptomatic patients and to do away with production of a doctor's prescription as a pre-condition. A division bench of Chief Justice Dipankar Datta and Justice K K Tated was hearing a petition filed by one Narendra Murkumbi seeking a direction to the government to not ask for a medical practitioner's prescription or certificate before conducting COVID-19 test.

The petition further said authorities should allow testing to be done irrespective of whether a person is symptomatic or has come in contact with a COVID-19 patient. The court, however, refused to pass any interim orders.

"We are of the considered prima facie opinion that there has to be a rational use of testing kits and the present situation is not such that it warrants grant of interim relief sought," the court said. The bench posted the petition for further hearing after four weeks and directed the government and civic bodies to file their affidavits.