In his PIL, Babulal Thakkar said that the ELISA test used in India to detect HIV infection has a window period of three months and was hence risky. He had urged that the test be replaced by the Polymerase Chain Reaction (PCR) test, which has no window period limitations.
Prakash Jani, the government pleader told the division bench of justices Bhaskar Bhattacharya and J B Pardiwala that Thakkar had recently written to the Gujarat DGP to register murder cases against several top leaders and others for not making the PCR test mandatory despite its availability, because of which many people got infected with HIV and died.