Regulation Of Unauthorized Path Labs: PIL Seeks Delhi HC To Direct Implementation Of Health Bill 2019

New Delhi: An activist on Tuesday urged the Delhi High Court to issue directions to concerned authorities to ensure immediate implementation of the Health Bill 2019 of the government of Delhi or Clinical Establishment Act 2010, claiming illegal pathological labs are unrestrainedly thriving in the absence of any regulations across national capital exposing the safety of the common citizens at the mercy of ghost pathologists.

The matter was listed for hearing on November 25 as the division bench of Chief Justice DN Patel and Justice Prateek Jalan, before which it was listed for hearing today, did not assemble today.

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The application, filed by activist Bejon Kumar Misra through advocates Shashak Deo Sudhi, Bijender P Kumar, and Dinesh Dakoria, preferred the instant application for an urgent direction to the respondent Delhi government for ensuring the immediate implementation of the Health Bill 2019 of the government of NCT of Delhi or Clinical Establishment Act 2010.

The application submitted that illegal and unauthorized pathological laboratories are being operated without any kind of checks and balances endangering the lives and safety of the common people of the national capital.

"It is further submitted that this Court vide its order dated November 30, 2018, was pleased to direct the respondents to take appropriate action in terms of directions and guidelines issued by the Supreme Court of India in SLP (C) No. 28529 of 2010 in the matter of North Gujarat Unit of Association," the application said.

It also pointed out that the respondents had not taken any serious step towards containing those illegal and unauthorized pathological laboratories and diagnostic centers and the vulnerable citizens are still falling prey to the fake and false reports leading to serious health repercussions including death in many cases.

The plea also mentioned a report of pathological laboratories and diagnostic centers where a practicing doctor with his associate was running a racket of giving fake COVID-19 testing reports, who had been subsequently arrested by the police.

"The accused doctor had forged the COVID-19 testing report of more than 75 patients. Similar news reports about illegal pathological laboratories/diagnostic centers are surfacing daily in various newspapers showing the plight of the vulnerable citizens being subjected to manipulation by the fake syndicate of ghost pathologists distributing fake diagnostic reports across NCT of Delhi," the plea said.

The applicant submitted that the Delhi government has not made any efforts towards the regulation of illegal pathological laboratories/diagnostic centers which are being run illegally and which do not meet the norms and without having qualified pathologists.

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