High Court Refuses Court-Monitored Probe Into Mohalla Clinics "Fraud"

The Delhi High Court today dismissed a plea seeking a court-monitored probe into the allegations of fake lab tests being done at mohalla clinics set up in Delhi by the Aam Admi Party (AAP) government.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora refused to entertain the application, noting that it need not issue any order since the matter has already been referred to the Central Bureau of Investigation (CBI).

The Delhi government's standing counsel (Civil), Santosh Kumar Tripathi, and lawyer Arun Panwar told the court that although the CBI is already seized of the controversy, the government has no objection to a court-monitored probe.

“Keeping in mind that the matter is already referred to the CBI, no order is called for by the court in the present application. The application is dismissed,” the bench said.

The application was filed by Bejon Kumar Misra, a social activist, in a pending public interest litigation seeking the closing down of the unauthorised pathological labs and diagnostic centres in the national capital, alleging they were being managed by unqualified technicians.

Mr Misra's PIL also sought a policy to regulate the opening and running of pathological laboratories, including calibrating diagnostic equipment in the National Capital Territory (NCT) of Delhi.

In the fresh application filed through advocate Shashank Deo Sudhi, the petitioner sought a court-monitored inquiry under the supervision of a former judge of the High Court into allegations of fake lab tests being performed at the Mohalla (neighbourhood) clinics in Delhi, widely reported in newspapers.

“In this respect, it is submitted that the recent scam unearthed the startling fact that in August 2023, it was found that some doctors and staff and seven mohalla clinics in southwest Shahdara and northeast districts were resorting to unethical practices to fraudulently mark their attendance through pre-recorded videos….,” the plea said.

Lieutenant Governor VK Saxena recommended a CBI probe into alleged fake pathological tests and 'ghost patients' at the Mohalla clinics. Mr Saxena's recommendation came days after he ordered a CBI probe into the alleged supply of drugs to Delhi government hospitals that failed "quality standard tests".

In the alternative, the petitioner sought direction to the authorities for laying down appropriate guidelines for regulating pathological labs until the implementation of the Health Bill, 2019 of the Government of NCT of Delhi or Clinical Establishment Act, 2010, saying illegal pathological laboratories are thriving unauthorisedly across the city.

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