HC seeks Delhi govt reply on Ganga Ram Hospital's plea for quashing FIR over COVID-19 norms

The Delhi High Court Monday sought response of the AAP government on a plea by Sir Ganga Ram Hospital (SGRH) seeking quashing of an FIR lodged by Delhi Police against it for allegedly violating COVID-19 regulation norms.

Justice C Hari Shankar, who conducted the hearing through video conferencing, issued notice to the Delhi government and listed the matter for further hearing on August 11.

On the interim plea seeking a stay on the investigation and further proceedings, the court has listed the matter for Tuesday for hearing hearing arguments.

Advocate Rohit Aggarwal, representing the hospital, said they are seeking quashing of the FIR lodged on June 5 at Rajinder Nagar police station under Section 188 (disobedience to order duly promulgated by public servant) of IPC and the proceedings initiated thereafter.

The plea has also sought to set aside the Delhi government's June 3 order, prohibiting RT/PCR sampling for COVID- 19 suspect/contact cases with immediate effect.

SGRH, a private hospital with 675 beds, was declared a COVID-19 facility by the Delhi government and told to reserve 80 per cent beds for coronavirus patients.

According to the FIR, the complainant is a senior official of the Delhi Health Department, who has alleged the hospital was not using RT-PCR app while collecting COVID-19 samples. As per the guidelines, it is "mandatory" for labs to collect samples through RT-PCR app, it said.

The official has also alleged that the "violation" on part of the hospital is not adhering to COVID-19 regulation norms, as specified under the Epidemic Diseases Act 1897.

"The CDMO-cum-mission director central has mentioned that Sir Ganga Ram Hospital is still not using RT-PCR app even till June 3, which is a clear violation of directions issued under Epidemic Disease Covid-19 Regulation 2020 Act," the FIR said.

Seeking to streamline the testing process, the Union Health Ministry launched a dedicated RT-PCR mobile-based app for labs to fill the data at the point of sample collection.

Following the directives, the Delhi government made it mandatory for all lab collection and testing centres to download that app.