New Delhi: The Supreme Court Wednesday put on hold a Telangana High Court order that directed the state to conduct Covid-19 tests on dead bodies before they are released from hospitals.
The order came on the Telangana government’s appeal claiming the high court order was based on news reports that are in the nature of hearsay secondary evidence and, unless proved, cannot be taken note of by a court.
A bench of Justices Ashok Bhushan, S.K. Kaul and M.R. Shah said the high court’s order was “premature”, as it posted the case for a hearing after two weeks.
The high court had also directed Telangana authorities to inform the court how many workers, who had returned to the state after a nationwide lockdown was announced in March, were tested for the coronavirus infection and their results.
The state was further asked to provide information on upgrading of Covid-hit areas to green zones.
The Telangana government told the SC it has “indulged itself” in battling the pandemic. In these “unprecedented” times, the government said, even courts are duty bound to “find a balance” and work with the administration for tackling the crisis, not hold it responsible for any fallout.
Also read: Publish Covid-19 data on front pages of all newspapers daily: Telangana HC to govt
‘State can rationalise use of testing kits’
On the Telangana HC’s observation about low testing rates in the state, the government said it is empowered to adopt a strategy of “judicious testing” in consonance with the Indian Council of Medical Research (ICMR) guidelines.
The state also said it will ensure the services of testing are made “available to those in dire need” till the time it is able to gather sufficient material for an exhaustive testing of all citizens.
Such a discretionary power, the state justified, was available to it under the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 which were imposed in the country in the wake of Covid-19 pandemic.
Both Acts authorise state governments in situations of grave emergency to interfere with the fundamental rights of citizens by imposing reasonable restrictions.
The state also drew comparisons with other nations which were compelled to rationalise the use of available test kits in the most potent manner for a larger public good.
The government said since ICMR guidelines were modified from time to time, keeping in view the evolving situation, and it can also make changes accordingly.
The Telangana administration also pointed out how the ICMR is itself struggling to procure sufficient number of testing kits, and said “any decision taken by the state, modification and alteration therein is nothing but the reflection of prevailing hard realities”.
Also read: High infection rate, low testing, tired doctors — KCR’s messy Covid battle in Telangana