New Delhi: The Delhi High Court on Monday stayed the FIR registered against Sir Ganga Ram Hospital on a complaint by the Delhi government for allegedly not following protocols for testing patients with the coronavirus disease (Covid-19). The court, in its interim order, said that the FIR does not suggest any “obstruction, annoyance or injury” or “any impediment to human health”.
“I am, therefore, convinced that, tested on the principles of existence of a prima facie case, balance of convenience, irreparable loss, and public interest, the process of investigation, consequent to the registration of the impugned FIR against the applicant, deserves to be stayed, pending final disposal of the present writ petition,” Justice C Hari Shankar said in the interim order.
The hospital authorities had moved the high court on June 13, seeking quashing of the FIR and also seeking a stay on the case. The order comes while deciding the stay application while the main plea would be heard on August 11.
Justice Harishankar said that the only allegation in the FIR is violation of the directions issued by the Delhi government on April 30 and May 6 which required the collection of samples, for Covid-19 testing, to be done only through RT-PCR.
The judge said that for the violation of government orders, criminal process cannot be initiated, against an institution, merely on the ground that such violation has taken place.
{{/usCountry}}The judge said that for the violation of government orders, criminal process cannot be initiated, against an institution, merely on the ground that such violation has taken place.
{{/usCountry}}“There is no other allegation in the FIR. There is no reference, in the FIR, to this infraction, on the part of the petitioner, in collecting samples through the RT-PCR app, having caused or obstruction, annoyance or injury, or risk of obstruction, annoyance, or injury, to any person lawfully employed, or having caused, or attempted to cause, danger to human life, health or safety, or riot or affray,” the court said.
The court said that the FIR does not so allege, either expressly or by necessary implication; consequently, it has to be held that the allegations in the FIR do not disclose the commission of a cognizable offence.
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 was registered 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 plea by the hospital authorities had contended that the FIR was “vague” and does not show that any offence was committed under section 188 of the Indian Penal Code (IPC). It had also said that the FIR was silent “how disobedience, as alleged by the Delhi government, is causing obstruction, annoyance or injury to any person.”
Earlier on June 17, the court had put the proceedings under the FIR in abeyance till June 22 while reserving its order on the stay application.
Advocate Rahul Mehra, standing counsel (criminal) for the Delhi government, had told the court that if prima facie an offence is visible to have been committed, law permits them to register an FIR and investigate the same. He said that the hospital had violated the norms and hence an offence had been committed.
After hearing lengthy arguments, the court had reserved its order and said that it would pronounce the judgment on June 22.
On June 3, the hospital had been asked to stop Covid testing, citing violations of ICMR guidelines. However, on June 17, the Delhi government had granted the hospital permission to resume testing.
Ajoy Sehgal, public relations officer, Ganga Ram hospital. said that the matter is sub-judice and he would refrain from making any comments. The Delhi government did not respond to queries from HT.