The Delhi High Court on Thursday rapped the Delhi Health Minister and Health Secretary for not complying with judicial orders to make a law to regulate clinical establishments, warning them that they could be sent to jail.
The high court told Health Minister Saurabh Bhardwaj and Health Secretary SB Deepak Kumar, who were present during the proceedings, that they are “servants of the government” and cannot have “big egos”.
The court had in February asked Mr Bhardwaj and Mr Kumar to appear before it after viewing an email which said the minister was not kept in the loop during discussions on the Delhi Health Establishment (Registration and Regulation) Bill. .
“What troubles us is that the petitioner is highlighting the plight of a common man. He is telling us that all kinds of lab reports are being prepared which are not true and correct and the common man is suffering. But This is your game. What is going on between the two of you and between the various factions is unacceptable to the court.
“You have to be practical and ensure that the brokers do not benefit from the fight between these two people,” a bench of Acting Chief Justice Manmohan Singh and Justice Manmeet PS Arora said.
The bench said that if the minister and the secretary are unable to handle the issues and keep quarreling, the court will ask a third party to handle things or pass orders as to what to do.
“Don’t do this to us otherwise both of you will go to jail. If this will benefit the common man then we will have no hesitation in sending both of you to jail. You both cannot be arrogant, you both are servants.” Both the government and you have to ensure that the common man benefits. What are you doing? People are getting wrong reports of their blood samples,” it said.
The high court was hearing a 2018 plea by Bejon Kumar Mishra, represented by advocate Shashank Dev Sudhi, who has alleged that unauthorized laboratories and diagnostic centers in the national capital were staffed with unqualified technicians and misdiagnosed patients. Was giving report.
As the minister said the Delhi Health Bill was finalized only in May 2022, the High Court asked why it had not been sent to the Center for approval yet.
The court said that if it would take time, the Delhi government should consider invoking a central government law – the Clinical Establishments (Registration and Regulation) Act, 2010.
Mr Bhardwaj’s plea that the court’s mercy would help the government enact the bill irked the court and the court said, “You think we are a pawn in this game and you will use it as a strategy . We don’t belong to anyone.” Pawn, please clear the misconception that you will use the court process”.
The petitioner had argued before the court that pathological labs in the city were unregulated and were a threat to the lives of citizens.
“Such illegal labs are increasing continuously in and around Delhi-NCT and it can be easily estimated that the total number of such illegal pathological and diagnostic labs could be between 20,000 to 25,000,” the petition said. , and there are such labs on every street of the capital.” Illegal pathological lab.”