(1.) THIS writ -application under Article 226 of the Constitution of India is in the nature of a Public Interest Litigation and has been filed by one Babulal Mangaljibhai Thakkar, a resident of Ahmedabad, seeking appropriate writ, order or direction on the respondent -authorities to include Polymerase Chain Reaction (PCR) Test in the standard H.I.V. (Human Immuno Deficiency Virus) testing for blood transfusion in order to detect HIV infection.
(2.) AT the very outset, we may state that vide our order dated September 26, 2012, we directed to delete the name of the writ -petitioner -in -person from the causetitle as we were of the view that the credentials of the writ -petitioner appeared to be doubtful from his act of writing a letter to the Director General of Police, Government of Gujarat, Gandhinagar, by an E -Mail praying for registering a First Information Report under Sections 269, 270, 274, 302, 304, 308, 324, 120(B) and 114 of the Constitution of India and Sections 7, 8, 13(1)(a) and 13(1)(d) of the Prevention of Corruption Act against Mr.Manmohan Singh, Prime Minister of India, Mrs.Sonia Gandhi, Shri Sayan Chatterjee, Director General, National AIDS Control Organisation, New Delhi and 31 departmental heads of National AIDS Council.
(3.) WE had deleted the name of the writ -petitioner in person from the cause -title as he had affirmed an affidavit justifying his action. However, considering that the issue is a very serious in nature of a public cause, we decided to look into the matter in detail and, accordingly, we appointed Mr.Shalin Mehta, the learned Senior Advocate as Amicus Curiae to assist this Court.