[Unauthorized Pathological Labs] High Court Directs Personal Appearance Of Delhi Health Minister, Secretary On March 21

The Delhi High Court has directed the Delhi Health Minister and Health Secretary to appear personally before it on March 21 while hearing a batch of pleas concerning the issue of unauthorized pathological labs and diagnostic centers in the national capital.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora took note of an email sent by Health Minister, Saurabh Bhardwaj's office, stating that despite clear judicial directions, the concerned Department has not drafted the Delhi Health Establishments (Registration and Regulation) Bill, 2022, and placed it before Bhardwaj.

Bhardwaj's email said that it was shocking that he was never informed about the case and that the file was put before him only 48 hours before the contempt proceedings were listed before the court.

“The Chief Secretary was directed to provide the current status of the draft bill and also fix the responsibility for delay in drafting the bill. The Department has sought 8 more weeks for finalising the draft bill. The Hon'ble Court is humbly requested to fix the matter after 8 weeks so that Department can submit the status before the Hon'ble Court,” the email said.

“In view of the aforesaid e-mail, both the Health Secretary and the Health Minister, GNCTD are directed to be personally present in Court on the next date of hearing. List on 21st March, 2024 at 4:00 P.M,” the court said.

The bench was dealing with a contempt petition filed by social activist Bejon Kumar Misra in 2019. Other petitions have also been tagged with the matter, including Misra's PIL filed in 2018 seeking the framing of a policy to regulate the opening and running of pathological laboratories in Delhi.

Misra has sought the constitution of an appropriate authority for regular checking of pathological labs. The PIL also called for strict implementation of the Clinical Establishment (Registration and Regulation) Act of 2010 in the national capital.