High Court empowers Chandigarh police to ensure order at PGIMER

Tribune News Service

Chandigarh, February 15

Acting on a petition filed by the Post Graduate Institute of Medical Education and Research (PGIMER) alleging contempt of court, the Punjab and Haryana High Court today directed the Senior Superintendent of Police of UT to take in preventive custody any person found creating disturbance, nuisance or activity other than his official duties.

Justice Rajbir Sehrawat also directed the SSP to book such person under appropriate charges under the criminal law if it was found appropriate and necessary.

Taking up the petition filed through senior advocate Amit Jhanji with counsel Abhishek K Premi, Justice Sehrawat asserted that the petitioner was a premiere health institute, “where life of hundreds of indoor patients and thousands of outdoor patients may be at stake”. As such, it would be appropriate that the police took necessary action in compliance of the earlier order passed by the court to prevent any activity averse to its proper functioning.

About a week ago, the High Court had made it clear that “unions” would remain bound by earlier directions on ensuring the institute’s smooth functioning, while hearing its petition against the Union of India and other respondents.

Jhanji had then contended that the High Court had repeatedly issued directions to prevent disruption in the institute’s functioning at the hands of the contract employees. It was submitted that fresh unions were being formed to bypass the earlier orders passed by the court. It was being done at the instance of respondent –Ashwani Kumar Munjal, chairman, Joint Action Committee of PGI Contract Workers Union. It was further pointed out that he had already retired from service and was not on the rolls of the petitioner-institute. Yet, he was creating hindrances in the smooth functioning and influencing the contract workers.

It is also pointed out that a Single Judge, vide order dated June 23, 2020, had also directed that in case of strike/hunger strike, those involved might be immediately arrested and sent to civil imprisonment.

Issuing notice of motion, the Bench had directed that the respondents would be bound by the earlier directions issued by the court. In case of any violation, it would be open to take effective steps in accordance with law to prevent violation of the court orders “so that the functioning of the premier Institute – PGIMER, Chandigarh — is not affected in any manner”. It was also directed that Munjal would not be allowed to enter the premises of the petitioner-institute till further orders after the Bench was shown a photograph with him apparently leading the employees in front of the administrative block.

Can’t put lives of patients at stake

The petitioner is a premiere health institute, where life of hundreds of indoor patients and thousands of outdoor patients may be at stake. As such, it will be appropriate that the police take necessary action in compliance of the earlier order passed by the court to prevent any activity averse to its proper functioning. — Justice Rajbir Sehrawat

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