Why the circular saying 'no' to a hospital operation without permission is not illegal: High Court

News Desk: The High Court has issued a rule asking why the circular issued by the Ministry of Health will not be declared illegal as law enforcement forces cannot conduct raids in public and private hospitals of the country without permission.

A virtual bench of High Court Justice Tariq-ul-Hakim and Justice SM Quddus Zaman passed the order on Tuesday (August 25th) after hearing the writ petition. Lawyer Yadia Zaman appeared for the writ petition in the court today. On the other hand, Deputy Attorney General Amit Dasgupta represented the state.Lawyer Yadia Zaman confirmed the order.

Earlier on August 17, Supreme Court lawyers Yadia Zaman and Hasan Tareq Palash filed the writ petition on behalf of advocate Rafiqul Islam.

On August 4, the Ministry of Health and Family Welfare issued a directive that law enforcement forces would not be able to conduct raids on any government or private hospital in the country without the permission of the ministry. According to the ministry's directive, members of various branches of the law enforcement agencies have been conducting operations in government and private hospitals in the country since the outbreak.

Their normal medical activities are being disrupted as multiple law enforcement agencies are conducting operations in one hospital. Due to these reasons, there is a kind of suppressed dissatisfaction in the healthcare institutions. A task force has already been formed by the health department to look into the overall activities of public and private hospitals.

Where a Joint Secretary level officer of the Public Security Department is present as a member. If there is a need for law enforcement to conduct an operation in a healthcare institution in the future, it should be done in consultation with the healthcare department.

The directive further said that any government and non-government organization should refrain from conducting such operations and in case of need to conduct emergency operations, the operations should be conducted in coordination with the Department of Health Services and the Department of Medical Education and Family Welfare.