Illegal Pathology Labs: HC pulls up Delhi health minister, Secretary

New Delhi: In a stern admonition, the Delhi High Court cautioned the Delhi health minister and health secretary, warning them of potential imprisonment for failing to adhere to judicial directives regarding the enactment of a law to regulate clinical establishments.

During the proceedings on Thursday, Health Minister Saurabh Bharadwaj and Health Secretary SB Deepak Kumar were reprimanded by the court, emphasizing that as public servants, they cannot harbor "large egos."

The court's rebuke stemmed from its February directive summoning Bharadwaj and Kumar after receiving an email indicating that the minister was excluded from discussions regarding the Delhi Health Establishments (Registration and Regulation) Bill.

Acting Chief Justice Manmohan and Justice Manmeet PS Arora expressed dismay over the internal discord between the minister and the secretary, emphasizing that their conflict should not impede efforts to address the concerns of the public.

"What is troubling us is that the petitioner is highlighting the plight of a common man. He is telling us that all sorts of lab reports are being generated which are not true and correct and the common man is suffering. But it is your game of one-upmanship between the two of you and between the various factions that is going on. This is unacceptable to the court, news agency PTI reported. 

"You have to be practical and ensure that the touts do not benefit from the fight between these two people," a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, asking them not to indulge in "brinkmanship".

"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," it said.

The bench was hearing a 2018 PIL filed by Bejon Kumar Misra, represented by advocate Shashank Deo Sudhi, who has alleged that unauthorised laboratories and diagnostic centres were functioning in the national capital with unqualified technicians and giving incorrect reports to patients.

As the minister said the Delhi Health Bill was finalised in May 2022 itself, the high court asked why it was not yet sent to the Centre for approval.

The court said if this was going to take time, the Delhi government should consider implementing the central government statute- The Clinical Establishments (Registration and Regulation) Act, 2010.

According to PTI, The submission made by Bharadwaj that the court's indulgence will help the government to get the bill enacted irked the court which said, "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".

In his plea, he said, "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."