Jammu And Kashmir High Court Orders De-Sealing Of Doctor's Clinic Sealed For Alleged Violations Of Clinical Establishments Act

In granting the interim relief Justice Mohammad Yousuf Wani observed,

“In the meantime, subject to any contrary orders of this Court, the respondents under the command of respondent No. 2 are directed to consider the de-sealing of the clinic and release of all the drugs in the presence of respondent Nos. S and 6. However, consideration for release of the drugs in favour of the owner of the clinic shall be subject to the objcctions/scrutiny by the respondent Nos. 5 and 6 and that too on the basis of a superdnama”

The clinic, located in Kathua, was sealed on September 12, 2023, following a raid prompted by a complaint. Dr. Sumeet Singh, the clinic's owner, was alleged to be absent during the raid, and the junior doctor present was not registered for the clinic. This led to the suspension of the clinic's provisional registration by an order dated September 15, 2023.

Dr Singh had claimed that the actions were instigated by a professional competitor's false complaint, carried out without following the due process of law, including the principles of natural justice.

Challenging the sealing order he submitted that the sealing and suspension were executed without any show cause notice or inquiry, violating the Clinical Establishments Act, 2010.The Act does not provide any authority with the power to seal clinics; penalties for violations are limited to monetary fines, he contended.

Arguing that the raid and subsequent actions were arbitrary and based on a competitor's false complaint he highlighted that valuable and costly life-saving drugs worth lakhs of rupees in the clinic were at risk of expiring due to the sealing.

The court, taking up the case out of turn noted that Distt Registration Authority, Kathua (respondent No. 4), in compliance with an earlier order, had passed an order on March 29, 2024, stating there is no provision for sealing or suspending clinic registrations under the Clinical Establishments Act, 2010. However, it had justified the action as necessary to stop alleged illegal activities.

In light of this finding Justice Wani directed the authorities to consider de-sealing the clinic and releasing the drugs in the presence of designated officials, with the release subject to scrutiny and reasonable conditions.

A status report on the compliance of this order was directed to be filed by the next hearing date on July 31, 2024.

Case Title: Dr Sumeet Singh Vs UT of J&K

Mr. Aseem Kumar Sawhney, Advocate represented the petitioners, Ms. Sagira Jaffer, Advocate vice Mr. Raman Sharma, AAG appeared for the respondents.

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