Cannot compel government to test every individual: High Court

Are we living in a police State, the High Court expressed distress over the counsel petitioner to conduct Covid-19 test on every individual and refused to direct the State government.

High Court Division Bench headed by Justice MS Ramachandra Rao and Justice K. Lakshman, hearing a public interest litigation on Thursday through video conference, filed by Varun Sankineni hailing from Suryapet district, that the number of corona positive cases in Suryapet area is increasing due to health officials are conducting tests on primary suspects and are ignoring the asymptomatic patients.

The counsel for the petitioner G Pujitha brought to the notice of the bench that The State government conducted 1122 tests as on 8th May, 2020 when compared to our neighbouring States Maharashtra-1549 and Andhra Pradesh-1833 tests which are very less and the number of tests done in Telangana State is lower than the national average tests and feared that it will lead to community spread.

The Counsel further prayed that to direct the State government to conduct Covid-19 tests on all residents residing in all Red and Orange zones including all asymptomatic persons, so as to curtail further spread of corona and to stop community spread as this is followed in all other states.

The Bench said is it possible for the State to compel an individual to undergo Covid-19 test without his consent. As we are living in a democratic setup, not a Police State.

The State Government cannot simply catch hold of any individual and subject him/her to covid-19 test and if that be so, every person will slip into a panic situation, the bench opined.

Justice M.S. Ramachandra Rao further appreciated the relentless endeavour of the State government in curtailing the further spread of corona in the State even when the state is reeling under a severe financial crisis. For a population of 3.5 crore, testing every individual for corona will be a massive financial implication on the state, he added.

Reluctant to consider the plea of the petitioner the Bench pointed out that under this precarious, severe financial crisis which the State and Central governments are reeling, it will not be appropriate to consider, the Bench said.

Further, the Bench made it clear that any individual who can afford to shell out the cost of Covid-19 test, will be permitted to undergo such a test in an ICMR approved testing lab.

Another petitioner from Nirmal, Chinnola Naresh Reddy, advocate, also made a similar plea and prayed the Court to adjudicate on his PIL.

The court adjourned the case to May 18