'Matter Already Referred To CBI': Delhi High Court Dismisses Plea Seeking Court-Monitored Probe Into 'Fake Lab Tests' In Mohalla Clinics

The Delhi High Court on Thursday dismissed a plea seeking a court-monitored probe into the allegations of fake laboratory tests being conducted at the moholla clinics set up by the Aam Aadmi Party government in the national capital.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected an application moved by social activist Bejon Kumar Misra in his pending PIL against “unauthorised pathological labs and diagnostic centres” in Delhi.

“Keeping in mind that the matter is already referred to the Central Bureau of Investigation (CBI), no order is called for in the present application. The same is accordingly dismissed,” the court said.

The PIL also sought framing of a policy to regulate opening and running of pathological laboratories in the national capital.

The fresh application sought a court-monitored inquiry under the supervision of a former judge of the High Court into allegations of fake laboratory tests being performed at mohalla clinics in Delhi.

The application referred to an incident reported in August last year where it was found that certain doctors and seven mohalla clinics in Delhi were resorting to “unethical practices to fraudulently mark their attendance through pre-recorded videos.”

The PIL also sought constitution of an appropriate authority for regular checking of pathological labs.

It also called for strict implementation of the Clinical Establishment (Registration and Regulation) Act of 2010 in the national capital.

"As per the report published in an English daily, nearly 1,000 diagnostic labs are existing in Delhi NCR out of which only 10% are accredited by NABL," the PIL claimed.

Title: Bejon Kumar Misra v. GNCTD

Citation: 2024 LiveLaw (Del) 65