HC orders unsealing of hospital owned by fake vax case accused

Pataria and his wife Nita were booked in the fake vaccination case, in which the accused persons allegedly administered saline water to several beneficiaries in Covid-19 vaccination camps using leftover or unused vials from Shivam Hospital in Charkop

MUMBAI: Observing that the Brihanmumbai Municipal Corporation (BMC) had no authority to seal Shivam Hospital owned by Dr Shivraj Pataria, an accused in the fake vaccination scam, the Bombay high court recently directed the civic body to unseal the hospital and restore its registration.

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Pataria and his wife Nita were booked in the fake vaccination case, in which the accused persons allegedly administered saline water to several beneficiaries in Covid-19 vaccination camps using leftover or unused vials from Shivam Hospital in Charkop. Both, Dr Pataria and his wife, were granted bail by the HC in April this year.

Dr Pataria had moved the HC after the BMC cancelled the hospital’s registration and sealed it after the alleged scam came to light.

The division bench of justice Sunil Shukre and justice Rajesh Patil, while hearing the petition of Pataria, was informed by senior advocate Aabad Ponda that there were eight criminal cases registered against his client, however, the HC order of April 5 wherein his client was granted bail, it was stated that there was no prima facie involvement of the petitioner in the offences registered against him.’

In light of this, Ponda submitted that the action of sealing and cancellation of registration of the hospital was arbitrary and illegal as no show cause notice was issued to the petitioner as stipulated by the relevant law. The bench was also informed that soon after the criminal cases were registered against his client, the civic body without giving him a hearing as required under the law, resorted to deregistering and sealing the hospital.

Ponda stated that as per the Supreme Court ruling, sealing of the hospital, which is immovable property, is not permissible at the hands of the police or anybody else in exercise of their powers under section 102 of the Code of Criminal Procedure, 1973.

However, advocates Anoop Patil and VV Mahadik for the BMC submitted that since several criminal cases were registered against the petitioner and allegations were serious in nature, it was thought by the civic body that larger public interest would stand served if the hospital was permanently sealed and its registration was cancelled.

The counsels submitted that due to the gravity of the offences it was deemed necessary by the BMC to deregister and seal the hospital. It was further argued that in light of these circumstances giving show cause notice was not considered to be necessary by the civic body.

After hearing the submissions, the bench noted that the supervisory authority had to issue a show cause notice a month prior to deregistration and sealing process, explaining to the owner or proprietor the reason behind the intention and the action of the corporation was not valid. “We, therefore, find that the impugned action taken against the hospital run by the petitioner is in breach of authority of law, is illegal and arbitrary, to say the least,” the bench noted in its order.

The bench further held that though in all the criminal cases registered against the petitioner, there were serious allegations made, but as the HC found that the allegations of the involvement of the petitioner did not have any prima facie substance, it was directing the BMC to restore the registration of the hospital as well as unseal the premises.

On June 25, 2021, Kandivali police had arrested 62-year-old Dr Shivraj Pataria and his wife. The couple were arrested for allegedly conducting unauthorised vaccination camps from March 14 to April 30 at Shivam Hospital. They were also accused of supplying “unutilised” or “leftover” vials of Covid-19 vaccines for unauthorised camps organised at Hiranandani Heritage housing society in Kandivali and other places to one Mahendra Singh and Dr Manish Tripathi, who held unauthorised vaccination camps at various places across Mumbai. Around 1,50,000 people were vaccinated with “unused” or “leftover” Covishield vaccines, the police said.