GANGA RAM HOSPITAL Vs. STATE

JUDGEMENT

(1.) By the present application, the petitioner-applicant seeks interim stay of all proceedings consequent on FIR No 0133, dtd. 5/6/2020, registered at PS Rajinder Nagar against the applicant. The FIR alleges commission of offence, by the applicant, under Sec. 188 of the Indian Penal Code, 1860 (IPC). The complainant is "Amit Kumar Pamasi (C/O) Dy Secretary Health", and the applicant is the accused. The FIR (to the extent it is relevant) reads thus:

(2.) In exercise of the powers conferred by Ss. 2, 3 and 4 of the Epidemic Diseases Act, 1897, the Hon'ble Lieutenant Governor of Delhi issued Notification, dtd. 12/3/2020, notifying the Delhi Epidemic Diseases, COVID-19 Regulations, 2020 (hereinafter referred to as "the 2020 COVID Regulations"). The directives, contained in the said Regulations, are to be found in Regulations 4 to 17 thereof, which read thus:

(3.) Prior to the issuance of the Orders dtd. 30/4/2020 and 6/5/2020, by the DGHS, GNCTD - of which the impugned FIR alleges disobedience - guidelines, for COVID-19 testing were being issued, from time to time, by the ICMR. The petitioner has placed, on record, the Guidelines issued, by the ICMR, on 17/3/2020, 20/3/2020, 9/4/2020 and 18/5/2020. A reading thereof reveals that it was only in the Guidelines, dtd. 18/5/2020, that a specific requirement was incorporated, to the effect that all testing of COVID-19 suspected cases, whether symptomatic or symptomatic, were to be conducted "by real-time RT-PCR test only".