Delhi HC Warns Health Officials: Comply or Face Jail Over Unauthorised Labs

Delhi HC Warns Health Officials: Comply or Face Jail Over Unauthorised Labs

The Delhi High Court cautioned Delhi Health Minister Saurabh Bhardwaj and Health Secretary SB Deepak Kumar on Thursday, warning that they could face imprisonment if the court's orders to address unauthorised pathology labs are not complied with.

Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, comprising a Division Bench, issued a caution to Minister Saurabh Bharadwaj, advising against the manipulation of the courts in disputes between the AAP government, the Health Secretary, or the Central government.

The Court observed that both the Minister and Secretary were engaging in a battle for supremacy, but emphasized that such behavior would not be tolerated if they persist in disregarding the Court's orders.

The Court underscored that both Bharadwaj and Kumar are public servants and emphasized that they should not harbor inflated egos.

During the hearing of a public interest litigation (PIL) filed by social worker Bejon Kumar Misra, which sought the closure of all unauthorized pathological and diagnostic laboratories operated by unqualified technicians in the national capital, the Bench issued a stern warning.

In February 2024, the High Court expressed dismay over the government's inability to finalize the Delhi Health Establishments (Registration and Regulation) Bill, 2022, also referred to as the Delhi Health Bill.

On the subsequent hearing date, the Court had demanded the personal presence of the Health Minister and Health Secretary. On Thursday, Bharadwaj appeared in person and informed the Court that the Delhi Health Bill had been finalized in May 2022. He further mentioned that the intervention of the Court would facilitate the enactment of the bill by the Delhi government, highlighting the presence of vested interests obstructing the progress of the bill.

During the proceedings, the Health Secretary was also present before the Court. Acting Chief Justice Manmohan cautioned Bharadwaj, emphasizing that the Court should not be manipulated as a tool in the dispute between the Secretary and the Minister.

 “You think we are a pawn and you will use us? You are playing a game of chess and think we will help you in your strategy? I told you to be careful and to not mess around… We are handling a PIL and you are saying you will give us a draft bill and we should send it to the Centre? We are not politicians but we understand how a politician thinks,” ACJ Manmohan remarked.

The Bench instructed both the Minister and the Secretary to collaborate and devise a solution to address the concerns raised by both the petitioner and the Court.

The case will be heard next on April 4.

 

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