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Close all unregistered medical establishments, J&K High Court
10/11/2006 9:10:22 PM




Srinagar, Oct 11 Concerned over the unregistered medical establishments and sale of spurious drug in the state, the Jammu and Kashmir High Court has again directed the government to constitute a committee to examine the problems.

Taking a strong note of non-implementation of the court order, the division bench comprising Chief Justice, Bashir Ahmad Khan and Justice B A Kirmani said the action taken report submitted by the Commissioner, vigilance organisation leaves no scope for doubt that the organisation has only done a lip service in implementing the court directions.

The court directed the directors of Health Services, Jammu and Kashmir to complete the process of registration and to decide the pending cases in accordance with the prescribed criteria within two months from receipt of this order.

They shall thereafter take steps to close down all such establishments whose request for registration is rejected.

The order again directed the government through Chief Secretary to expedite sanction related to re-organisation of staff of Controller, Drugs Organisation and make it more effective and potent in the light of the problems being faced in implementation of provisions of the Drugs and Cosmetics Act and Food Adulteration Act.

The court also directed to take immediate steps for providing two vehicles to each organisation vigilance within one month from this order to improve mobility of its inspection teams which have to inspect the establishments not only in cities but also in districts and blocks as well.

The bench in its earlier order had directed constitution of a committee for examining problems of spurious drug trade in the state and for recommending ways and means to deal with it, and had granted two months time to this committee to report to the government and also to the court.

Nothing has been said or indicated in the affidavit filed by the Principal Secretary about constitution of this committee or whether any report was prepared by it in compliance to Court directions, the court observed and again directed to take necessary steps in this regard and to report the action taken in the matter.

The court had directed the state vigilance organisation to constitute inspection teams to conduct surprise checks and to locate if the closed and sealed unregistered private hospitals, nursing homes and clinical establishments were still carrying on their business after breaking the seals put by the Health Department.

The Commissioner has failed to show in his report that any such surprise checks were conducted or that any case of such establishment, where seals were broken, was found.

On the contrary, the court said, the vigilance organisation seems to have evolved and adopted its own method of conducting inspections on some selected establishments in association with the Health department, which has defeated the very purpose for which the inspection teams were to be set up, besides taking away the element of surprise as was required by the court order.

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