High Court (India)

June 23, 2020

Delhi HC stays proceedings against Sir Ganga Ram Hospital

[ by Legal Era News Network ]


The Delhi High Court has stayed all proceedings against Sir Gangaram Hospital in connection with an FIR registered against it for violating the Indian Council of Medical Research (ICMR) guidelines on coronavirus testing.

A single judge bench of the High Court presided by Justice C. Harishankar granted an interim stay on the proceedings against the hospital. The interim stay shall continue until the pendency of the main petition filed by Sir Ganga Ram Hospital seeking quashing of the said FIR.

“The decision is based on the existence of a prima facie case, balance of convenience, and possibility of irreparable loss,” said Justice Harishankar while deciding the application filed by the hospital seeking interim stay on the proceedings.

The Court added that the same is a prima facie observation and is not based on the observation of merits.

The Delhi Police had registered a case against the hospital’s Medical Superintendent on complaint from Amit Kumar Pamasi, Deputy Secretary Health and Family Welfare of the Delhi government. Pamasi in his complaint said the hospital was not using RT-PCR app while collecting Covid-19 samples, which was “mandatory”.

The CDMO-cum-mission director (central) said Sir Ganga Ram Hospital was not using RT-PCR app even as of June 3. It was a clear violation of directions issued under the Epidemic Diseases Covid-19 Regulations 2020, the FIR stated.

The FIR was registered against the hospital on June 6, the day Delhi Chief Minister Arvind Kejriwal warned private hospitals against denying treatment to Covid-19 patients. Sir Gangaram Hospital was also issued a directive by the Delhi government on June 3 in this regard.

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