HC comes to rescue of Ganga Ram Hospital, stays Criminal investigation [Read Order]

On Tuesday, the Delhi High Court has put “in abeyance” (on hold) an FIR registered against Sir Ganga Ram Hospital on a complaint by the city government for allegedly violating Covid-19 norms and reserved its judgment for June 22.

Justice C Harishankar said the interim directions are being passed only to ensure that the status quo is not disturbed and nothing happens before the court passes any order.

A senior official at Ganga Ram Hospital said, “The matter is still subjudice and we will wait for the directions from the hon’ble Delhi High Court.”

Govt officials refused to comment on the issue, saying the matter was subjudice.

The Delhi government has filed a first information report (FIR) against the medical superintendent of Sir Ganga Ram Hospital in Rajendra Nagar for not following protocols for testing patients with the coronavirus disease (Covid-19). The FIR was filed on June 5 on the basis of a complaint by the deputy secretary of Delhi’s department of health and family welfare, Amit Kumar Pamasi.

The FIR has been filed under Section 188 of the Indian Penal Code (disobedience to order duly promulgated by public servant) that mandates a punishment of one month’s simple imprisonment and/or ₹200 fine or six months imprisonment and/ or ₹1,000 fine if the offence puts human life at risk. The section of the IPC can be invoked under the Epidemic Diseases Act that has been in force in Delhi since mid-March as the city is battling the Covid-19 pandemic.

The hospital authorities had moved the high court, seeking a stay on the case.

Appearing for the hospital, advocate Rohit Aggarwal told the court that they were seeking quashing of the FIR and the proceedings initiated thereafter.

He contended that the FIR registered against his client is “vague” and does not show that any offence is being committed under Section 188 of the Indian Penal Code (IPC). He said that the FIR is silent on how disobedience, as alleged by the Delhi government, is causing obstruction, annoyance or injury to any person.

Advocate Rahul Mehra, standing counsel (criminal) for the Delhi government, told the court that if prima facie, an offence has been committed, the law permits them to register an FIR and investigate it. He said that the hospital had violated the norms.

On June 3, the Delhi government had asked the hospital to stop testing patients for Covid. However, on June 13 it allowed the hospital to resume testing.

The order has been passed by Justice C Harishankar on 16-06-2020.

Read Order Here: