HC quashes FIR against doctor who recommended home quarantine to asymptomatic patient
Patna: Holding that the medical practitioner acted in accordance with the guidelines and directions issued by the Ministry of Health and Family Welfare (MoHFW), the Patna High Court has recently stayed the orders issued by the District Magistrate(DM) to lodge an FIR against the doctor for recommending home quarantine to an asymptomatic patient.
This came after the doctor moved a petition with the high court, aggrieved by an order given by the Collector that directed to file an F.I.R. against him and at the same time initiate a legal proceeding. He further proposed the suspension of the doctor to the Disciplinary Authority.
The medical practitioner who was in charge of the quarantine center took samples of four people including one Lalbabu Mahto for testing COVID-19. The petitioner submitted that Mahto was asymptomatic at the time of taking a sample and, therefore, he was allowed to home quarantine itself.
As per the guidelines issued by the Ministry of Health and Family Welfare, Government of India on 10.05.2020 (Annexure 5), if a person whose sample is taken and at the time of taking a sample there appears a very mild case/ presymptomatic case, such person should be allowed to home quarantine.
Accordingly, he allowed Mahto and others to home quarantine as they were asymptomatic. However, the Collector in violation of the guidelines and directions issued by the MoHFW ordered for the institution of F.I.R. and also recommended for suspension and departmental proceeding against him, the petitioner added.
Deliberating the case, the bench of Justice Prabhat Kumar Jha granted an interim relief of stay and posted the matter for consideration on June 25. The court noted;
It appears that the petitioner (doctor) has acted in accordance with the guidelines and directions issued by the Ministry of Health and Family Welfare, Government of India and he has not violated any guidelines issued thereunder. In this view of the fact, the order as contained in Annexure 3 is stayed.
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