Don’t close Unani, Panch-Karma hospitals: HC

Excelsior Correspondent
Srinagar, Mar 24: The High Court has restrained the authorities from closing the Panch-Karma and Unani clinics and hospital established in Kashmir.
In the petition filed by Unani and Panch-Karma hospitals, the petitioner had sought directions upon the authorities to allow him to run and operate the clinics duly registered under the provisions of law and not to shut them without following due process of law.
Petitioner has also sought directions upon the respondents to adhere to the provisions of Jammu and Kashmir Ayurvedic and Unani Practitioners Act of 1959, for short “Act of 1959”, and rules made thereunder and consequently restrain the respondents from bringing the clinics run by the petitioner within the ambit of order No. 161-DISM of 2018 dated 16.08.2018.
“Be that as it may, the writ petition is taken up for final disposal at its threshold. The writ petition is, accordingly, disposed of with a direction to the respondents not to take any action against the petitioner in disregard of the applicable rules”, Justice Moksha Kazmi directed.
Senior Counsel Syed Faisal Qadri appearing for petitioner stated that petitioner holds the qualification of BUMS and with an intention to practice Unani System of Medicine within the jurisdiction of Jammu and Kashmir, he made an application before Registrar Board of Ayurvedic and Unani Systems of Medicine J&K seeking his registration as a registered Unani Practitioner in terms of Section 16 of the Act of 1959.
Advocate Qadri further stated that Director, ISM (Indian System of Medicines) J&K under the guise of order No. 161-DISM of 2018 dated 16.08.2018 is causing hindrance to the operations of the Clinics and Establishments being operated and run by the petitioner under the name and style of Unani Panch-Karma Clinics located at 08 different locations in Kashmir valley.
Court has further been informed that the authorities without any reason or logic have been forcing the petitioner to shut down the activities being undertaken by him while operating the hospitals.
It has also been stated that the order dated 16.08.2018 does not bring into its ambit the operations of the clinics and Establishments being run by him but the Director, ISM (Indian System of Medicines) J&K is bent upon to make applicable the said order to the establishments and clinics of the petitioner which is not only contrary to the terms of the order itself but in contravention of the statutory rights guaranteed to the petitioner in terms of Jammu and Kashmir Ayurvedic and Unani Practitioners Act of 1959 and the rules made there under.
Authorities in their reply specifically stated that petitioner has questioned the order dated 16.08.2018 without any reason as no adverse action has been taken against the petitioner, therefore, the writ petition is premature and without substance.
The Directorate of ISM on August 16, 2018 had issued an order for taking action against the running of unregistered private ISM clinics and hospitals and had constituted checking squads for each district of Kashmir valley empowering them to take action against defaulters under law.
However, the Senior counsel appearing for the petitioner submitted that admittedly no action has been taken against the petitioner, as such, he would feel satisfied if the writ petition is disposed of with the direction to the respondents not to take action against the petitioner without following the due course of law.