E-Paper
Respond to plea quashing FIR against Ganga Ram Hospital: HC to govt
Justice C Hari Shankar issued a notice to the Delhi government and said that it would hear the interim application seeking a stay on the proceedings of the FIR on Tuesday.
The Delhi High Court on Monday asked the Delhi government to respond to a plea by Sir Ganga Ram Hospital, which sought the quashing of an FIR lodged by the Delhi Police against it for allegedly violating Covid-19 regulation norms. The FIR was based on a complaint filed by the city government.
Justice C Hari Shankar issued a notice to the Delhi government and said that it would hear the interim application seeking a stay on the proceedings of the FIR on Tuesday.
Appearing for the hospital, advocate Rohit Aggarwal told the court that they were seeking the quashing of the FIR lodged on June 5 at Rajendra Nagar police station under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code and the proceedings initiated thereafter.
He contended that the FIR registered against them was “vague” and did not show that any offence was committed under Section 188 of the Indian Penal Code (IPC). He said that the FIR did not say as to how disobedience, as alleged by the Delhi government, caused obstruction, annoyance or injury to any person.
Advocate Rahul Mehra, standing counsel (criminal) for the Delhi government, sought some time from the court, following which the argument on the stay application was listed for Tuesday.
The Delhi government had filed an 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 in June 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 IPC that allows the 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 battles the Covid-19 pandemic.
On June 3, the hospital was asked by the Delhi government in an order to stop Covid-19 testing, citing violations of ICMR guidelines. However, on Saturday, the Delhi government had again granted them permission to start testing.
