INITIATING SUO MOTO ACTION Vs. SECRETARY HEALTH

JUDGEMENT

(1.) This Public Interest Litigation revolves around the menace of medical fetid details; the medical corruption as it exists in several ways like exorbitant price charging of the drugs sold in the market; the sale of medical supportive tools and implants on highly exorbitant rates; and the allied medical practices like unnecessary referrals of the patients to unnecessary medical examination and diagnostic tests without there being any such actual need.

(2.) The PIL finds its origin in the open letter addressed to the Prime Minister of the Country by one Mr G. S. Grewal, President of Punjab Medical Council as was published in the daily newspaper 'the Hindu' in its edition dated 12th June, 2016, and the article published in the daily Newspaper Greater Kashmir in its edition dated June 29th 2016, written by one Mr Fida Iqbal. The learned Judge of this Court, while taking into account the above two articles, took cognizance of the matter and directed the registry for placing the matter before the Hon'ble the Chief Justice in terms of Rule 24(8) of the Writ Proceeding Rules of 1997 for initiating suo moto action in the matter and on the directions of the Hon'ble Chief Justice the matter has been listed as a Public Interest Litigation, for short PIL and numbered as PIL no. 19/2016. 3 The Secretary Health, Medical Council of India, the Commissioner/ Secretary, Health and Medical Education Department of the erstwhile State of Jammu and Kashmir as well as the State Medical Council, J&K, were impleaded as parties.

(3.) The matter was taken up for consideration for the first time on 25th October, 2016, when the parties to the lis were put to notice and the notice was waived by the appearing counsel for the respondents who were directed to file their response within four weeks and the matter was posted for 6th December, 2016.