Court Warns of Summoning Top Officials if Compliance Remains Pending

JAMMU, March 5: The Jammu & Kashmir and Ladakh High Court has taken serious note of the failure of both Union Territories (UTs) to respond to crucial suggestions aimed at improving healthcare infrastructure. The matter pertains to a Public Interest Litigation (PIL) filed by activist Balwinder Singh, which highlights the dire state of medical facilities and the acute shortage of doctors and paramedics in Jammu & Kashmir and Ladakh.

A Division Bench comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary expressed deep dissatisfaction over the non-compliance of previous court directives. The court had earlier directed both UTs to file their responses to recommendations submitted by Advocate Sheikh Shakeel Ahmed, which were specifically designed to enhance healthcare services. However, the continued delay and apparent lack of seriousness have now prompted the court to issue a stern warning.

Court Grants ‘Last and Final’ Opportunity

During the proceedings, the Division Bench made it clear that the persistent inaction by the respective UT administrations was unacceptable. While reluctantly granting a final extension of two weeks, the court emphasized that this would be the last opportunity for Senior Additional Advocate General (AAG) SS Nanda, representing the J&K administration, and Deputy Solicitor General of India (DSGI) Vishal Sharma, representing the Ladakh administration, to comply with the court’s directive.

Should they fail to submit the required responses within the stipulated time, the court has ordered that the Administrative Secretaries of the Health & Medical Education Departments from both UTs must appear in person at the next hearing to explain the continued delay in implementing the court’s instructions.

Long-Standing Neglect of Healthcare Issues

Advocate SS Ahmed, along with his legal team comprising Advocates Rahul Raina, Supriya Chouhan, and M Zulkarnain Choudhary, expressed grave concern over the state of healthcare in the region. He pointed out that despite repeated pleas, the authorities had failed to take proactive steps to address the long-standing deficiencies in medical infrastructure.

One of the pressing concerns raised in the PIL is the non-recruitment of Dental Surgeons since 2012. On the previous date of hearing, the Division Bench had explicitly directed both UTs to explain why these crucial posts had not been advertised for over a decade. However, the latest hearing revealed that the government had yet to provide any satisfactory justification for this prolonged lapse.

Chief Justice Highlights Urgent Need for Hospital Connectivity

Chief Justice Tashi Rabstan, while addressing the issue, shared a firsthand account of a shocking experience at Government Medical College (GMC) Jammu. During a recent visit, he witnessed a critically ill patient being transferred from the Chest Diseases (CD) Hospital to GMC Jammu via the main road—on a stretcher. Expressing deep concern over such inefficiencies in patient transportation, the Chief Justice remarked that such a system posed serious risks to patient safety and dignity.

He then sought specific suggestions from Advocate SS Ahmed regarding potential solutions to streamline patient transfers between hospitals. One of the key suggestions put forth was the construction of overhead bridges connecting various hospitals. This would ensure swift and hassle-free transportation of patients, eliminating the need to navigate through busy streets and avoiding unnecessary delays in emergency cases.

Judicial Pressure Mounts Amid Government’s Non-Compliance

The Division Bench did not hold back in its criticism of the authorities. The judges remarked that if the court’s orders from February 4, 2025, were not implemented, they might have no choice but to summon the Chief Secretary to ensure accountability at the highest administrative level.

The delay in addressing these critical healthcare issues reflects a broader pattern of government inaction, which the court has now taken a firm stand against. The judges stressed that healthcare is a fundamental right, and any neglect in this domain directly affects the well-being of citizens.

Urgency of the Matter Recognized

Given the pressing nature of the issues raised in the PIL, the High Court directed the Registry to list the case for its next hearing on March 24. The court reiterated that it would not entertain any further delays and expected full compliance with its directives before the upcoming hearing.

Public Reaction and Implications for Healthcare

The ongoing judicial intervention has sparked widespread public discussion on the state of healthcare in Jammu & Kashmir and Ladakh. Many citizens and healthcare professionals have echoed the concerns raised in the PIL, urging the government to take swift and decisive action.

Medical experts emphasize that a shortage of doctors and paramedics, coupled with outdated infrastructure, significantly hampers the quality of healthcare services in the region. The failure to recruit Dental Surgeons for over a decade is just one example of the broader neglect plaguing the sector.

Legal analysts believe that the High Court’s strong stance on this matter could finally push the administration into action. The possibility of top officials being summoned to court adds an additional layer of accountability, making it harder for the authorities to ignore these pressing concerns any longer.

Way Forward: Government’s Response Awaited

With the court setting a final deadline, all eyes are now on the UT administrations to see whether they will comply with the directives. If the responses are not filed within the given two-week period, senior bureaucrats will have to personally appear before the court, a move that could further expose the government’s inefficiencies in handling healthcare issues.

As the next hearing approaches, stakeholders—including healthcare professionals, legal experts, and concerned citizens—are hopeful that this PIL will serve as a catalyst for much-needed reforms in the healthcare sector of Jammu & Kashmir and Ladakh. However, whether the administration will rise to the occasion or continue with its lackluster approach remains to be seen.

Conclusion

The Jammu & Kashmir and Ladakh High Court’s intervention in this matter underscores the importance of accountability in governance, particularly in sectors as crucial as healthcare. With the Division Bench making it clear that further delays will not be tolerated, the UT administrations are now under mounting pressure to deliver concrete results.

The March 24 hearing will be a crucial juncture in determining whether the authorities finally take decisive steps to improve healthcare services or whether the court will have to resort to stronger measures to enforce compliance. Either way, the message is clear—the judiciary will not stand by and allow government negligence to continue endangering the health and well-being of the people.