Delhi HC rejects plea for monitored probe into irregularities in AYUSH schemes

The Delhi high court has rejected a plea seeking a court-monitored probe into the alleged irregularities in the implementation of the Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homeopathy (AYUSH) related schemes, citing the foundational constitutional principle that the judiciary must avoid encroaching upon the functions vested in the executive.

A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula on Thursday said the court cannot dictate procedures concerning medicine supply, purchase, detection of illicit drugs, unauthorised manufacturing, and retail units. “The intricate nature of procurement, healthcare standards, and administrative oversight is best addressed by the executive and legislature, which possesses, both, requisite expertise and the mandate for such tasks. Consequently, we must exercise restraint and avoid unnecessary intervention in such matters.” It added such issues are policy-oriented and beyond the court’s purview.

The bench said that a court-monitored probe is a significant step invoked typically in cases of a palpable sense of governmental neglect or oversight. It added that the same was not a mechanism to be resorted to routinely or without just cause. “We must preserve its weight for situations where the state appears either ignorant or non-cognizant of issues. Resorting to such an investigation without substantial reasoning could inadvertently diminish its efficacy,” the bench said.

The petitioner Tarun Narang cited a Comptroller and Auditor General (CAG) report and said the AYUSH directorate failed to perform its functions effectively thereby leading to deficiencies and irregularities in the healthcare system.

In its report, the CAG cited shortcomings in planning and implementing AYUSH-related schemes after assessing operations of 24 dispensaries and 3 hospitals under the purview of the directorate from 2012 to 2017.

Narang argued the failure of the directorate denied citizens access to quality healthcare services in Delhi.