Court-Monitored Probe Is A Significant Measure, Can’t Be Employed Routinely: Delhi High Court

The Delhi High Court has observed that a court-monitored investigation is a significant measure which is invoked in cases of “palpable sense of governmental neglect or oversight” and should not be employed routinely or without just cause.

“We must preserve its weight for situations where the state appears either ignorant or non-cognizant of issues. Resorting to such an investigation without substantial reasoning could inadvertently diminish its efficacy,” a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said.

The court made the observations while refusing to order a court-monitored probe in a PIL highlighting the issue of denial of access to quality healthcare services under the AYUSH framework of medicine to citizens in the national capital.

The plea was moved by Advocate Tarun Narang. He referred to the critical findings outlined in a performance audit report prepared by Comptroller and Auditor General and claimed that the Delhi Government’s Directorate of AYUSH had failed to perform its functions effectively, leading to deficiencies and irregularities in the State healthcare system.

While disposing of the plea, the court took note of the Delhi Government’s response, observing that constructive steps are underway and therefore, there was no reason to direct any court-monitored investigation in the matter.

“That said, we earnestly hope that GNCTD remains steadfast in its mission, taking insights from the CAG Report, identifying the areas of improvement as outlined in its affidavit, and implementing remedial measures,” the court said.

Furthermore, the bench observed that it cannot dictate procedures concerning medicine supply, purchase or the detection of illicit drugs, unauthorized manufacturing and retail units as such issues are policy-oriented which is beyond the judicial purview.

“Before parting, we must note that the CAG Report commences its observations by highlighting a marked increase in in-patient admissions and out-patient visits across all three hospitals and dispensaries of the Directorate during the period 2012-2017. Such a trend signifies a growing recognition and trust in the effectiveness of the Indian System of Medicines,” the court said.

It added that the Delhi Government must continue to amplify the utilization of alternative medical systems in healthcare, and bolster research and education in the said domains.

“The same must be achieved through strategic planning and efficient execution of AYUSH schemes and initiatives,” the court added.

Advocates Avinash Chaudhary, Surjeet Singh and Amit Naagar appeared for the petitioner.

ASC Anupam Srivastava appeared for GNCTD.

Title: TARUN NARANG v. STATE (GOVT. OF NCT OF DELHI) AND ORS.

Citation: 2023 LiveLaw (Del) 927

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