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New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

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The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

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He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.

Thiruvananthapuram: Kerala activist Rehana Fathima has been asked to take compulsory retirement from BSNL after she was embroiled in Sabarimala row.

Stating that her attempt to enter the shrine of celibate god in 2018 had spoiled the reputation of the company among customers, the BSNL, in its order asked her to take compulsory retirement, further claiming that her acts were “subversive of discipline and amount to misconduct”.

She was suspended from service following her arrest in November 2018 over Facebook posts.

Fathima, who is a technician with the state-run communications company, said she will explore legal remedies against the order sent by her employer.

The Fathima hit headlines when she attempted to enter the Sabarimala shrine, which has traditionally been closed to women in the age group of 10-50 years.

She did after the Supreme Court order allowing entry of women in the age group of 10-50.

Ahmedabad, Jul 5: A woman police sub-inspector (PSI) with Ahmedabad Police was arrested and sent to three-day police remand, on Saturday, for allegedly accepting a bribe of Rs 20 lakh from an Ahmedabad-based businessman — accused in two rape cases — in exchange for not applying a stringent act against him.

According to police officials, Shweta Jadeja, PSI and incharge of Mahila police station (West) in the city, was arrested by a team of Detection of Crime Branch (DCB) officials in Ahmedabad on Friday after the complainant in the case, the rape accused, approached the Crime Branch and stated that Jadeja had allegedly demanded Rs 35 lakh form him, in exchange for not booking him under the Prevention of Anti-Social Activities (PASA) Act.

The PASA Act in Gujarat gives power to the police to detain an accused and send them to a prison away from their native district. The complainant claimed that he already paid Rs 20 lakh of the total amount to Jadeja on February 3.

On Saturday, a sessions court awarded Jadeja a three-day remand with the Crime Branch, which will end at 11:30 am on July 7. Following this, the PSI will undergo a medical check-up and be presented before the magistrate again.

“We had originally demanded a seven-day remand. The accused officer has been sent to three-day remand for further investigation in the case,” said a senior police official in Ahmedabad.

According to police, complainant Kenal Shah — managing director of GSP Crop Science Private Limited, a crop solution-based company in Ahmedabad — is allegedly facing two separate rape cases under IPC section 376.

PSI Jadeja was first entrusted with the investigation of a rape case against Shah in January this year, lodged at Mahila police station (West).

The rape case complaint is of 2019. Another rape case against Shah was being probed by Assistant Commissioner of Police (Crimes Against Women), Mini Josef, wherein the investigation was reportedly completed.

As per the remand application report filed by the police, Jadeja had allegedly threatened Shah through his brother Bhavesh Shah — a joint managing director at GSP Crop Science Private Limited — and initially demanded Rs 25 lakh for not applying the PASA Act against the accused. The bribe amount was then settled at Rs 20 lakh and in February, the accused allegedly paid the amount via an office accountant to one Jayubha, allegedly a representative of Jadeja, from a finance office in Jamjodhpur area of Ahmedabad.

The report further stated that after the initial amount was paid, a third complaint was allegedly made against Kenal by a security officer at his office, Yograjsinh, for criminal intimidation. After the third complaint, PSI Jadeja had contacted Bhavesh again and demanded an additional sum of Rs 15 lakh for not applying the PASA Act against Kenal. The complaint from the security officer was not converted into an FIR and Shah has not been jailed yet.

However, It was after the demand of Rs 15 lakh that complainant Kenal approached the Crime Branch on June 27. An FIR was lodged against Jadeja at Ahmedabad DCB police station under sections seven and twelve of the Prevention of Corruption Act, charging her for “public servant taking gratification other than legal remuneration in respect of an official act”.

“Now that we have received the remand of the accused officer from the court, we will try to trace and recover the alleged Rs 20 lakh amount she received in this case,” said Deepan Bhadran, Deputy Commissioner of Police, Ahmedabad.

Shweta Jadeja is a PSI of the 2016-’17 batch and a resident of Vastrapur in Ahmedabad, while her native place is in Keshod of Junagadh district. The police have not recovered the bribe amount she allegedly accepted as of late Saturday.