Delhi High Court Yesterday (March 21st) Warned Health Minister Saurabh Bharadwaj and Health Secretary SB Deepak Kumar: “Comply with Orders or Face Jail”. The court reminded them that they are public servants and must not let ego hinder compliance with judicial directives.
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NEW DELHI: The Delhi High Court issued a stern warning to the Health Minister and Health Secretary of Delhi for their failure to comply with judicial orders regarding the enactment of a law to regulate clinical establishments. During the proceedings Yesterday, the court cautioned them that their non-compliance could lead to imprisonment.
Health Minister Saurabh Bharadwaj and Health Secretary SB Deepak Kumar were both present during the hearing when the High Court reminded them that they are “servants of government” and should not possess “large egos.”
This development came after the court had summoned Bharadwaj and Kumar in February, following an email indicating that the minister was excluded from discussions on the Delhi Health Establishments (Registration and Regulation) Bill.
Expressing dismay over the situation, the bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora emphasized the gravity of the matter, particularly in light of the common man’s plight. The court highlighted concerns raised by petitioners regarding inaccurate lab reports and the resultant suffering of the general public.
The bench rebuked the ongoing power struggle between the two officials and their respective factions, stating unequivocally that such behavior is intolerable.
“You have to be practical and ensure that the touts do not benefit from the fight between these two people,”
-the bench emphasized, urging them to refrain from engaging in “brinkmanship.”
The bench emphasized that if the minister and the secretary continue their inability to address the issues and persist in quarreling, the court will intervene by appointing a third party or issuing directives on the necessary actions to be taken.
“Don’t do this with us otherwise you both will go to jail. We will have no hesitation in sending both of you to jail if the common man benefits from this. Both of you can’t have large egos, you both are servants of the government and you both have to ensure that the common man benefits. What are you doing? People are getting wrong reports of their blood samples,”
-the court asserted.
The Delhi High Court was adjudicating on a 2018 petition filed by Bejon Kumar Misra, represented by advocate Shashank Deo Sudhi, alleging the operation of unauthorized laboratories and diagnostic centers in the national capital by unqualified technicians, resulting in incorrect reports being given to patients.
Despite the Health Minister’s assertion that the Delhi Health Bill was finalized as early as May 2022, the court questioned why it had not yet been forwarded to the Centre for approval.
Expressing impatience with the delay, the court suggested that if necessary, the Delhi government should consider implementing the Clinical Establishments (Registration and Regulation) Act, 2010, a statute already in force at the central level.
The court was irked by Bharadwaj’s suggestion that the court’s intervention would facilitate the enactment of the bill. It retorted,
“you think we are a pawn in this game and you will use this as a matter of strategy. We are not anyone’s pawn, cure this misconception that you will use the court’s process.”
The petitioner argued before the court that unregulated pathological labs in the city pose a significant threat to the lives of citizens. The plea stated,
“Such illegal labs continue to mushroom in and around Delhi-NCT and it can be easily estimated that the total number of such illegal pathological and diagnostic labs can be anywhere between 20,000 and 25,000, and every street in the capital has such illegal pathological labs.”
This warning underscores the urgency for practical action to resolve the regulatory issues plaguing the healthcare sector in Delhi, emphasizing the paramount importance of serving the interests of the public above all else.
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