Judiciary Steps In: Unregistered Hospital Under Scanner in Jammu and Kashmir

Srinagar: The High Court of Jammu and Kashmir and Ladakh has converted into a Public Interest Litigation (PIL) a petition filed by Arshid Hussain Bhat, a father seeking justice for his daughter who died following a surgery at an unregistered private hospital in Pulwama last year.

Bhat’s daughter, Saboora Arshid, an M.Sc. Biochemistry graduate from Arihal village, was scheduled to pursue her Ph.D. at Punjab University. On September 14, 2024, she underwent surgery for nasal blockage with epistaxis at Mohammadia Nursing Home in Pulwama.

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Post-surgery complications arose, and due to an alleged delay in transferring her to SMHS Hospital in Srinagar—caused by the unavailability of a critical-care ambulance—she was declared dead upon admission to the ICU.

Bhat, through his legal counsel Parvaiz Ahmed and Lone Altaf, petitioned the High Court to direct the Jammu and Kashmir government to conduct an audit of all private hospitals under the Jammu and Kashmir Clinical Establishments (Registration and Regulations) Act, 2010. The petition also sought verification of their registration, availability of essential medical equipment, and adherence to qualified medical personnel requirements.

Hearing the case, Justice Mohammad Yousuf Wani emphasized that while minor medical procedures can lead to complications, allegations of medical negligence require expert scrutiny. However, he expressed concern over the commercialization of the medical profession, stating, “Doctors, who are ambassadors of God on earth, have allowed greed and rivalry to influence their noble profession.”

Justice Wani further noted that the Mohammadia Nursing Home was operating without registration when Saboora underwent surgery. He stressed that authorities must ensure that hospitals seeking registration extensions have the required medical infrastructure, including critical-care ambulances.

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He called for an end to the arbitrary referral of patients from district and sub-district hospitals, urging authorities to regulate the practice.

Following Saboora’s death, widespread public outrage prompted the government to order an inquiry.

Directorate of Health Services, Kashmir, found lapses in the post-operative care provided by Mohammadia Nursing Home.

The inquiry committee stated that a specialist, preferably an anesthesiologist, should have accompanied Saboora in the ambulance due to her critical condition.

District Magistrate, Pulwama, also initiated a separate magisterial probe. However, the final cause of death remains undetermined, pending the autopsy report.

Meanwhile, the High Court’s decision to treat Bhat’s petition as a PIL has been welcomed by civil society groups, health activists, and legal experts.

“This is a landmark step in holding private hospitals accountable,” said Zahoor Ahmed, a healthcare worker.

“Many such institutions operate without proper oversight, putting lives at risk. This judgment sets a precedent for ensuring regulatory compliance.”

Advocate Ibrahim Mehraj, a legal expert, noted, “The judiciary’s intervention highlights the urgency of implementing stringent healthcare regulations. The government must act swiftly to audit private hospitals and prevent similar tragedies,”

Meanwhile, residents of Pulwama expressed their anguish. “It’s horrifying that an unregistered hospital could operate unchecked,” said Tariq Ahmad, a local. “We hope this case brings justice to Saboora’s family and prevents such incidents in the future.”