HC rules over Health Ministry’s permission for conducting drives in hospitals

Staff Reporter :
The High Court on Tuesday questioned the legality of the health ministry’s letter asking the law enforcers to take its permission before conducting drives in hospitals.
The court issued a rule asking the respondents to explain in four weeks as to why the health ministry’s decision should not be declared illegal.
The HC bench of Justice Tariq ul Hakim and Justice SM Kuddus Zaman passed the order after holding a virtual hearing on a writ petition that challenged the legality of a letter issued by the health ministry to this effect. Health secretaries, home secretary and law secretary have been asked to comply with the rule within four weeks.
Deputy attorney general Amit Das Gupta told the reporters that the health ministry’s notification will remain in force as the HC did not pass any stay order on the notification.
Advocate Rafiqul Islam, a Supreme Court lawyer, submitted the writ petition to the HC on August 17, also seeking a stay order on the health ministry’s notification.
Lawyer Yadia Zaman who appeared for the writ petitioner said, “The court suggested them to submit a supplementary petition after hearing the main petition. On Tuesday (yesterday) we submitted it and the court passed order after hearing.”
The health ministry on August 4 issued the notification saying that law enforcers need permission from the ministry before conducting drive in any government and private hospital as the regular activities of the health sector is hampered due to sudden drives.
The notification also said coordination needed to be maintained among the departments of health service, health education and family welfare for operating such drives in hospitals.