Hospitals cannot be shut down without due process of law, drastic order can’t be passed on pretext of Covid: Bombay HC

Government Pleader D R Kale opposed the plea and said several complaints of malpractices in the hospital were received and while Covid-19 was spreading in the region, there was a public uproar about mismanagement at the petitioner’s hospital.

Sushant Singh Rajput, FAU-G, Mumbai news, Maharashtra news, Indian express news

The observations were made by Additional Sessions Judge Vinod Yadav in a bail order of Mohd Arif, who was represented by his counsel Mehmood Pracha. (Representational Image)

The Aurangabad bench of the Bombay High Court recently struck down an order passed by the administration in Jalna to shut down a hospital and said notwithstanding the Covid-19 pandemic, a hospital cannot be closed without following the due process of law.

A division bench of Justice Ravindra V Ghuge and Shrikant D Kulkarni on August 27 heard a writ plea by Dr Ritesh Omprakash Agrawal challenging the action against his hospital. The bench struck down an order issued by the district administration on August 21 that cancelled the registration of Agrawal’s Arogyam Hospital in Jalna. The HC observed that no notice was issued to the doctor before issuing the order.

“Notwithstanding the Covid-19 pandemic, a hospital cannot be shut down without following the due process of law. If a particular procedure is prescribed for initiating appropriate steps with regard to complaints against a hospital, such procedure has to be necessarily followed and a drastic order of closure of the hospital cannot be passed on the pretext of Covid-19 pandemic,” the bench said.

Government Pleader D R Kale opposed the plea and said several complaints of malpractices in the hospital were received and while Covid-19 was spreading in the region, there was a public uproar about mismanagement at the petitioner’s hospital. “It was in these peculiar circumstances that a show-cause notice of hearing before issuing the order of closure could not be given,” Kale said.

After hearing submissions, HC referred to its December 2018 order in a similar case and noted that as per Bombay Nursing Homes Registration Act, 1949, a notice is required to be issued before cancelling the registration of a hospital and refused to accept reasons given by the government. The court said cancellation without hearing the petitioner was “not as per law”.

The court directed the August 21 order be treated as a show-cause notice and said a competent authority as per law shall pass a fresh order on complaints received against the hospital by September 19 and the hospital is required to be given the opportunity of being heard.

On the submissions made by the government pleader in view of serious complaints against the petitioner, the bench restrained the Arogyam Hospital, that had 10 patients admitted for treatment, from admitting any new patients till the fresh order is passed by a competent authority and disposed of the plea.

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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