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High Court: Continue probe against pvt diagnostic lab

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Saurabh Malik
Tribune News Service
Chandigarh, July 31

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The High Court today ordered continuation of investigation against SRL Limited, while ordering that the challan or final investigation report in a case alleging misreporting of Covid results may not be filed. The order by Justice Manjari Nehru Kaul will remain in force at least till the last week of August, when the case would come up for further hearing.

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ABOUT THE CASE

  • SRL Limited carries out tests on 1,522 samples from April 4 to 20, 44 of which test positive

  • Civil Surgeon complains misreporting, after which 15 samples, sent for retesting, test negative

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  • Inquiry carried out, followed by issuance of a notice to the diagnostic laboratory

  • Memorandum of understanding cancelled with immediate effect; FIR registered

The diagnostic company had moved the High Court against Haryana for quashing an FIR registered in Gurugram on July 9 under provisions of the Disaster Management Act and for cheating, forgery and other offences.

Senior advocate RS Rai and accompanying lawyers told the Bench that the petitioner was designated as a private laboratory for Covid testing vide a notification dated March 29 and a memorandum of understanding signed between the company and Haryana Medical Service Corporation Limited.

The company carried out tests on 1,522 samples from April 4 to 20, 44 of which tested positive. The Ambala Civil Surgeon complained misreporting of some samples, after which 15 samples were sent to the PGIMS in Rohtak for retesting, where these tested negative.

An inquiry was conducted, followed by issuance of a show-cause notice, which was replied to by the petitioner. The memorandum of understanding was cancelled with immediate effect vide a letter dated April 21. The FIR was subsequently registered.

The Bench was told that the company had conducted the tests with ICMR-approved kits in accordance with guidelines of the Union Ministry of Health and Family Welfare.

“World over, an error of 10 to 12 per cent is being seen with respect to diagnostic tests being carried out for Covid. As such, an error has crept in on this count, if at all, though it is not admitted. It will be unreasonable on the part of the authorities to allege mala fide intent,” Rai added.

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