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 filed a petition to the high court, distressed by the order given by the Collector that directed to file an F.I.R. against him and initiate a legal proceeding.

The medical practitioner in charge of the quarantine center took samples of 4 people including Lalbabu Mahto for testing of Covid-19. The petitioner said that Mahto was asymptomatic when the sample was taken and was allowed to home quarantine himself. 

As per the guidelines made available 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.

He allowed Mahto and others, according to the guidelines, to home quarantine as they were asymptomatic. 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.

The bench of Justice Prabhat Kumar Jha granted an interim relief of stay and posted the matter for consideration on 25th June.