A division bench of Chief Justice DN Patel and Justice Prateek Jalan, asked the counsel of the Delhi government to take the instructions on a plea looking for directions on protocols for Swab disposal and apprise the court about the same. The bench listed the matter for December 3. Advocate Pankaj Mehta filed a Public interest litigation (PIL) to form appropriate guidelines on the waste disposal in the testing of the novel coronavirus, and to carry out safety audits at COVID-19 testing centers across Delhi. 

The PIL alleges no proper protocols were followed for the waste disposal, it said used swabs were being thrown out in public and tests were being carried out over a stack of used swabs for COVID-19 testing at the office of the District Magistrate, South East Delhi in Lajpat Nagar. "Upon complaining about the risk of widespread infection and the irregularity behind the disposal of the swabs in this manner, the concerned doctor at the counter said the swabs are of negative patients and thus it is safe to stand over them and get tested," the plea said.

Through Clinical Management Protocol Notification dated July 3, 2020, the Ministry of Health and Family Welfare has given instructions on safe waste management and cleaning of the environment across all the areas of healthcare facilities. The Pleas said Delhi officials ignored the notification completely. The Plea added the negligence amounts to the violation of the fundamental right to life as guaranteed under Article 21 of the Constitution of India and as such, demands the intervention of the court. 

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