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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.

Mumbai, Jan 3: The Shiv Sena on Friday targeted the Centre by questioning the "efficacy" of the 2016 surgical strike and said the perception that it would demoralise Pakistani terrorists remained an "illusion" as Indian soldiers continue to get killed in terror attacks in Kashmir.

Accusing the Modi government of boasting about how Pakistan was straightened out after the surgical strike, the Sena sought to know whether it has really happened.

It also observed that troubled borders were not good for the country's well-being.

The Sena's remarks come in the wake of the death of an Army soldier from Maharashtra, Naik Sandip Raghunath Sawant, who was killed during a counter-insurgency operation in Jammu and Kashmir on Wednesday.

"The New Year did not begin on a positive note in Kashmir. Our jawan from Satara, Sandip Sawant, attained martyrdom in Kashmir along with two other soldiers. In the last one month, seven to eight jawans from Maharashtra were killed in the line of duty. The Maha Vikas Aghadi government in Maharashtra is not responsible for this," the Sena said in an editorial in party mouthpiece 'Saamana'.

The party also questioned whether the situation in Kashmir has improved after the surgical strike and abrogation of Article 370 provisions.

The party, however, maintained that scrapping Article 370 was a good move.

India had conducted the surgical strike on September 29, 2016, across the Line of Control (LoC) as a response to a terrorist attack on an Indian Army base in Uri sector of Jammu and Kashmir earlier that month.

Without naming the Centre, the Sena alleged, "Circulating news that only the Pakistanis were getting killed in Kashmir will not change the reality as tricolour-draped bodies of Indian soldiers, like Sawant, are reaching their respective villages."

"There is a bloodshed along the Kashmir border and mounting anger among the families of martyred jawans. The perception that surgical strike will demoralise Pakistani terrorists has turned out to be an illusion. In fact, the (terror) attacks have increased," it added.

The Uddhav Thackeray-led party accused the ruling BJP of boasting about straightening out Pakistan after the surgical strike.

"But has Pakistan been really straightened out? Rather Pakistan has been indulging in ceasefire violations along the LoC every day," it added.

The Shiv Sena also questioned the government's claim that the situation in Kashmir was under control after the nullification of Article 370.

"It is good that Article 370 was scrapped. Before that, surgical strike was carried out in Pakistan. But has the situation in Kashmir improved? The terror attacks continue. It's only that there is a control in reporting (these incidents)," it said.

The Sena also alleged that there was no clarity as to what was transpiring in Kashmir after the scrapping of Article 370 and only the media reports of soldiers sacrificing their lives have been coming out from that state

In a veiled attack on the BJP, its erstwhile ally, the Sena, also accused it of exploiting the surgical strike for political gains.

New Delhi, Mar 6: Union Finance Minister Nirmala Sitharaman on Friday will move the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019 for consideration and passing in Lok Sabha.

In December last year, the Union Cabinet had approved a proposal to promulgate an ordinance to amend the Insolvency and Bankruptcy Code (IBC) 2016.

The amendments will remove certain ambiguities in the IBC 2016 and ensure smooth implementation of the code, an official statement said.

The move is aimed at easing the insolvency resolution process and promoting the ease of doing business. Aimed at streamlining of the insolvency resolution process, the amendments seek to protect last-mile funding and boost investment in financially-distressed sectors.

Under the amendments, the liability of a corporate debtor for an offence committed before the corporate insolvency resolution process will cease.

The debtor will not be prosecuted for an offence from the date the resolution plan has been approved by the adjudicating authority if a resolution plan results in change in the management or control of the corporate debtor to a person who was not a promoter or in the management or control of the corporate debtor or a related party of such a person.

The amendments are aimed at providing more protection to bidders participating in the recovery proceedings and in turn boosting investor confidence in the country's financial system.