Why can’t you act against quackery, HC asks govt

Saurabh Malik

Tribune News Service

Chandigarh, November 24

Questioning the reluctance on Haryana’s part to implement in letter and spirit an order passed over two years back against quackery in the state, Justice Rajan Gupta of the Punjab and Haryana High Court has summoned the Director General of Health Services for rendering assistance.

Justice Gupta has warned the authorities concerned of action under the Contempt of Courts Act in case of further failure to implement the order. The direction and warning came on a contempt petition filed by the Association of Practising Pathologists against Deepinder Singh Dhesi and other respondents.

The petitioner had moved the High Court in 2013 for closing all unauthorised and illegal pathology laboratories run by laboratory technicians and other unqualified persons and institutions instead of qualified registered medical practitioners possessing requisite qualifications of MD (pathology).

Directions had also been sought to frame a proper policy. Disposing of the petition on March 23, 2014, the Division Bench had asserted, “We will expect the state of Haryana to take expeditious steps to both frame a policy and thereafter take action under the policy.”

As the contempt petition alleging violation of the order came up for hearing, Justice Gupta observed, “In case the practice of quackery is prevalent in the state of Haryana, it can be dangerous to the life and liberty of citizens.”

Responding to the assertion, the state counsel had sought some time to seek instructions. During the resumed hearing of the case, the state counsel had submitted he was instructed by the Director General of Health Services that the needful could be done only in a phased manner.

Justice Gupta observed that the writ court had directed expeditious steps by an existing committee to frame a policy and to take action as per the same. Prima facie, it appeared that no tangible steps had been taken till now, he noted.

Justice Gupta went on to observe that the state of Haryana had, on various occasions, moved applications seeking extension for complying with the order and the court showed indulgence in extending the period. “It is inexplicable why despite this there is reluctance on the part of the state to implement the order in letter and spirit,” he asserted.

Granting the last opportunity to the counsel for seeking instructions from the authorities concerned before apprising the court, Justice Gupta asserted, “In case of failure of the state to implement the order passed by the writ court, this court shall have no option but to proceed further under the Contempt of Courts Act.”