MUMBAI: Observing that the Supreme Court in an order on Friday made it clear that "all concerned" shall supply a copy of covid positive test report to patients, Bombay high court on Saturday disposed of a challenge to a civic circular, holding that it was not required to pass any further directions to the state or the corporation.
A BJP corporator Vinod Mishra had challenged the June 13 circular issued by the BrihanMumbai Municipal Corporation (BMC) as being “arbitrary and perverse.’’
Anil Sakharae, senior counsel for BMC said the petition "ought to have been filed as a public interest litigation and ought to have been placed before the appropriate bench (which is assigned to hearing PIL)".
Mishra’s counsel Amogh Singh argued his client was home quarantined after coming on contact with a covid-19 positive patient, hence did not require to file it as a PIL. He also said that since “BMC was not a party to the proceedings before the SC, the June 19 order may not be binding on the corporation.’’
"We do not agree," with Singh’s submission said a bench of Justices S J Kathawalla and NR Borkar, "Since the SC order records We have no doubt that the states and all concerned shall supply a copy of the report of the patient to him or his relatives and the hospital.
Accordingly, the HC disposed the petition, without going into the issue of whether it ought to have been filed as a PIL.
A BJP corporator Vinod Mishra had challenged the June 13 circular issued by the BrihanMumbai Municipal Corporation (BMC) as being “arbitrary and perverse.’’
Anil Sakharae, senior counsel for BMC said the petition "ought to have been filed as a public interest litigation and ought to have been placed before the appropriate bench (which is assigned to hearing PIL)".
Mishra’s counsel Amogh Singh argued his client was home quarantined after coming on contact with a covid-19 positive patient, hence did not require to file it as a PIL. He also said that since “BMC was not a party to the proceedings before the SC, the June 19 order may not be binding on the corporation.’’
"We do not agree," with Singh’s submission said a bench of Justices S J Kathawalla and NR Borkar, "Since the SC order records We have no doubt that the states and all concerned shall supply a copy of the report of the patient to him or his relatives and the hospital.
Accordingly, the HC disposed the petition, without going into the issue of whether it ought to have been filed as a PIL.
Coronavirus outbreak
Trending Topics
LATEST VIDEOS
More from TOI
Navbharat Times
Featured Today in Travel
Get the app