HC questions legality of ministry circular on hospital raids

The High Court has issued a rule asking why the law enforcement agencies will not be able to carry out raids in any government or private hospital in the country without permission and why this directive of the Health Ministry should not be declared illegal. 

The bench of Justice Tariq-ul Hakim and Justice SM Kuddus Zaman issued the rule on Tuesday after hearing a writ in this regard. 

Advocate Yadia Zaman stood for the writ while Deputy Attorney General Amit Das Gupta represented the state. 

Earlier on August 18, the writ was filed with the High Court challenging the circular that asked law enforcement agencies not to conduct any raids at hospitals without the Health Ministry’s approval.

Supreme Court lawyer Yadia Zaman and Hasan Tarek Polash filed the writ on behalf of another lawyer Rafiqul Islam. 

Secretaries of Home Ministry, Ministry of Health and Family Welfare, Ministry of Law, Justice and Parliamentary Affairs and director general of Directorate General of Health Services (DGHS) were made the respondents for the writ petition.

The Health Ministry on August 4 asked the Home Ministry to take prior approval and coordinate with the Health Ministry before conducting any raid, as the raids are “disrupting healthcare.” 

The directive comes at a time when law enforcement is unmasking irregularities in testing and treatment involving Covid-19 in Bangladesh.