Delhi HC stays proceedings of FIR against Ganga Ram Hospital for 'violating COVID norms'
Jun 22, 2020
New Delhi [India], June 22 : The Delhi High Court on Monday stayed the proceedings of an FIR registered against Sir Ganga Ram Hospital on the complaint of Delhi government for allegedly flouting the rules pertaining to COVID-19 tests.
A bench of Justice C Harishankar allowed the stay application filed by the hospital and said that prima facie there are reasons to stay the FIR. The stay has been granted till the pendency of the main petition, which seeks the quashing of the FIR and Delhi government's June 3 order.
The June 3 order of the Delhi government prohibits a hospital from conducting COVID-19 tests through the RT/PCR app. The matter is now slated for further hearing on August 11.
On the complaint of the Health Department of Delhi government, Delhi Police had lodged an FIR against the hospital for allegedly flouting the rules pertaining tests for COVID-19.
Earlier, the court had issued notice to the Delhi government on Sir Ganga Ram Hospital's plea.
The plea said that the present FIR is nothing but a gross and patent abuse of process of law and is liable to be quashed to secure the ends of justice.
The continuance of the "illegal FIR" and proceedings emanating therefrom causes serious prejudice on the capacity of the hospital to render health care services to the society at large in the grim scenario caused by the pandemic, the plea said.
A senior official of the Delhi government's Health Department had lodged a complaint against the Medical Superintendent of Sir Ganga Ram Hospital for not using the RT-PCR app for testing data and violating the Epidemic Disease COVID-19 Regulation, 2020.
The FIR was filed against the medical superintendent of the hospital under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC) for allegedly violating directions issued under Epidemic Disease COVID-19, Regulation 2020.
