In a significant ruling, the High Court of Jammu & Kashmir and Ladakh at Jammu has directed the de-sealing of Jai Hind Psychiatry Clinic, located at Bagga Marh, RS Pura, Jammu. The order came after the court found that authorities sealed the clinic without following the lawful procedure or serving a notice to the concerned parties.
The petition was filed by Charanpreet Singh and another through Advocate Aseem Sawhney, challenging the action of the Sub-Divisional Magistrate (SDM), who had sealed the clinic on April 21, 2025. The SDM acted upon a communication from the Chief Medical Officer (CMO), Jammu, which reported shortcomings found during an inspection.
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The petitioners argued that this action violated basic legal norms as there was no show cause notice, formal sealing order, or jurisdictional authority under the law cited before taking such an extreme step.
"The clinic was sealed without issuing a show cause notice or a formal order, and the officials acted beyond their jurisdiction," stated the petitioners’ counsel.
Justice Moksha Khajuria Kazmi, after hearing the arguments, issued an interim order on May 20, 2025, directing the authorities to de-seal the clinic immediately, pending further hearing. The Court also granted liberty to the respondents to initiate lawful proceedings in accordance with the Clinical Establishments Act, particularly under Sections 33 and 34, read with Rule 12 of S.O. 168.
The court considered a communication dated April 22, 2025, issued by the CMO, which noted deficiencies in the clinic but stated that it should not be reopened until an inquiry was completed. However, the Hon’ble Court found that the process followed lacked legal backing, prompting its intervention.
"Liberty is granted to the respondents to proceed in accordance with law, rules, and regulations," the Court said, while emphasizing procedural fairness.
The State was represented by Senior Additional Advocate General Monika Kohli and AAG Raman Sharma, who accepted notice on behalf of the respondents and sought four weeks to file a reply.
The case, titled Charanpreet Singh & Anr. vs. UT of J&K and Ors., will be heard next on July 15, 2025.
"Subject to objections from the other side and till the next hearing, the respondents are directed to de-seal the clinic," the Court directed.
