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| HC directs to de-seal doctor's clinic, release drugs on "sapurdnama" | | | Early Times Report
JAMMU, July 22: The High Court of Jammu & Kashmir and Ladakh at Jammu comprising of Justice Mohd Yousaf Wani has directed "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. 5 and 6. However, consideration for release of the drugs in favour of the owner of the clinic shall be subject to the objections/scrutiny by the respondent Nos. 5 and 6 and that too on the basis of a superdnama with reasonable conditions to be determined by the respondent No. 2 in consultation with the respondent No. 6. A status report in this regard shall be filed by the respondents positively by the next date of hearing.
Copies of this order shall be forwarded to the respondents for information and compliance." the High Court directed after hearing Aseem's Kumar Sawhney Advocate assisted by Advocate Amit Sharma, Tahseena Bukhari, Sahiba Banotra and Adv. Sarfaraz Ahmed.
This order was passed in a petition filed by one Dr Sumeet Singh through: Mr. Aseem Kumar Sawhney, Advocate vs UT of J&K and others through: Ms. Sagira Jaffer, Advocate vice Mr. Raman Sharma, AAG.
Adv Aseem Kumar Sawhney appearing for the petitioner submitted that the CMO Kathua- respondent No. 4 in compliance to order dated 18.03.2024 passed by this Court has considered the matter and passed an order bearing No. CMO/K/10050-54 dated 29.03.2024, which forms the Annexure-I to his statement of objections dated 24.05.2024 filed in the matter. It is submitted that the said respondent has in his consideration report clearly mentioned inter alia that under the Clinical Establishment Act, 2010, there is no provision regarding the sealing of a clinic or suspension of the registration of the same, yet the impugned action was felt necessary in order to immediately stop the illegal activities which were allegedly going on in the clinic. It was also submitted by learned counsel for the petitioner that there are valuable and costly life-saving drugs in the clinic worth lakhs of rupees, which are likely to get expired. Therefore the Court directed d to List for further consideration on 31.07.2024.
It may be mentioned that Dr Sumeet Singh, Owner & Incharge Aas Neuropsychiatric De- Addiction and pain management clinic, Kali Bari Kathua J&K had filed a petition against the Union Territory of J&K, through Principal Secretary Health & FW Civil Secretariat,Deputy Commissioner/ DM Kathua, SSP, Kathua, Distt Registration Authority, Kathua /Chief Medical Officer Health & Family Welfare Kathua, Asst Drug Controller Kathua Kathua and Drug Control Officer Kathua.
It was submitted by Advocate Aseem Sawhney that the petitioner is a resident of Pathankote, Punjab. Petitioner is an MBBS from Govt Medical College Patiala, (Punjab) of 2011 and DNB in Psychiatry from National Board of Examinations New Delhi and is duly registered with the J&K Medical Council with registration no. 6690 dated 5.6.2023, besides the petitioner is also registered with the Punjab Medical Council. and that the petitioner is challenging an impugned order (christened as Notice) bearing no. CMO/K/4947-50 dated 15.9.2023 whereby the provisional registration no. 0100700033 for the clinic of the petitioner had been suspended illegally and contrary to law and at the best of one vested interested person with competitive and professional interests.
Sawhney submitted that his client -0the petitioner is an MBBS from Govt Medical College Patiala, (Punjab) of 2011 and DNB in Psychiatry from National Board of Examinations New Delhi and is duly registered with the J&K Medical Council with registration no. 6690 dated 5.6.2023, besides the petitioner is also registered with the Punjab Medical Council. Currently, the petitioner is also on the chair of Secretary Emergency Psychiatry , European Psychiatry Association.
Petitioner was running a de addiction clinic and was providing service to the nation by helping the people get de-addicted who were in the clutches of drugs. In this regard the petitioner was many a times invited at Govt Platforms, Govt Media platforms like AIR/ Doordarshan etc, Indian Army functions, school functions etc . The petitioner being a renowned Psychiatry doctor and has presented papers at many national and international forums on his subject.
He submitted that as apparent from the impugned order, one professional competitor of the petitioner having vested interest, competition and jealousy moved a false complaint against the petitioner. Interestingly, the petitioner was neither provided with the copy of the said false complaint nor any material against him and it has come to fore that the said person's complaint moved from the office of DC Kathua to the SSP Kathua and on this a surprise raid was conducted at the clinic of the petitioner namely Aas Neuropsychiatric De- Addiction and pain management clinic on 12.9.2023 with representatives from Distt Administration Kathua and as per the impugned order later the Drug Control Officials and Psychiatry deptt GMC & AH Kathua were called for scrutinisation of the records and further follow up action. That the petitioner being the owner and incharge of the clinic was alleged to be absent and one junior doctor assisting the petitioner Dr Inderjeet Singh was found there and it was alleged that he was not on the rolls/ not registered for the said clinic. Thus in view of this alleged violation of rules under the Clinical Establishment Act 2010 the clinic of the petitioner was sealed, pending further inquiry on 12.9.2023 and further vide order dated 15.9.2023 the provisional registration no. of the clinic of the petitioner was suspended. While passing the impugned order an inquiry was contemplated but no inquiry has taken place, neither any chargesheet or imputations have been provided to petitioner nor any statements recorded by the so called inquiry committee and even the petitioner does not even have the information as to who all are members of the so called inquiry committee and whether any such committee can be formed under the Act is yet to be seen, therefore the Hon'ble Court may be pleased to call for the records and left the veil as complete opaqueness and arbitrary exercise of powers is taking place.
Sawhney submitted that under law there was no power with the authorities to seal a clinic or drugs in question and the entire exercise was arbitrary and illegal. —JNF |
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