SC pulls up states over failure to frame ICU standards; summons health officials of Punjab, HP & Chandigarh

The Supreme Court has summoned additional health secretaries/senior-most health department officials of states and Union Territories, including those of Punjab, Chandigarh, Himachal Pradesh and Delhi, for failing to comply with its directions to frame uniform standards for patient safety in intensive care units (ICUs) and critical care facilities.

A Bench led by Justice A Amanullah asked the Additional Chief Secretaries or senior-most Health Department officials concerned of defaulting states/UTs to personally appear before it on November 20 – the next date of hearing — to explain the failure.

Terming it a “serious” issue, the Bench said, “In our considered opinion, it is now time for the court to take serious cognizance of such casualness shown by the States/Union Territories.”

The Bench – which also included Justice NK Singh – asked them to file affidavits explaining why action should be not taken against them for showing a casual approach towards the top court.

“We are more pained than shocked by the casualness shown by various States, that despite over indulgence shown by the Court with regard to the exercise, the orders of this Court have been taken very lightly by the officers concerned,” the top court said.”

“The States were directed to submit their respective reports after conducting the exercise indicated by this Court to the learned Additional Solicitor General, latest by October 5, 2025. However, compliance has not been ensured till date,” it noted in its October 13 order.

While seeking personal presence of the senior-most health department officials along with their personally affirmed affidavits, the Bench said no excuses would be entertained.

“It is made clear that the officers who have been directed to appear shall not cite any excuse, including any prior engagements or other programs, which shall be rescheduled to give priority to the order passed today,” the Bench said.

The States/Union Territories which had either not submitted the report or had submitted

it beyond the fixed date of October 5 were Arunachal Pradesh, Assam, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Mizoram, Odisha, Punjab, Rajasthan, Sikkim, Telangana, Tripura, West Bengal, Chandigarh, NCT Delhi, ammu and Kashmir, Puducherry, Lakshadweep, Ladakh, Andaman and Nicobar, Dadra & Nagar Haveli and Daman & Diu.

“We also make it clear that if, by the said date, there is non-compliance or if compliance is casual or by way of a perfunctory report, this court would take a very strict view against the

officers concerned and the States/UTs in general,” the top court said.

The order came on an application filed in 2016 matter with regard to alleged medical negligence in private hospitals and the absence of uniform standards for ICUs and CCUs which the top court has been monitoring to ensure standardisation of critical care across India.

On August 5, the top court had directed every state/UT to hold conferences with all stakeholders, including corporate hospitals, to prepare draft norms for ICU/CCU admission, treatment, staffing, hygiene and infrastructure. It had asked the health secretaries to take personal responsibility in this regard.

It had constituted a three-member committee comprising Additional Solicitor General Aishwarya Bhati, Amicus Curiae Karan Bharihoke and Dr Nitish Naik (Prof of Cardiology, AIIMS, New Delhi) and had directed states/UTs to complete their reports by September 30 and forward the same to the committee by October 5.