J&K High Court Orders De-Sealing Of Psychiatry Clinic Citing Procedural Lapses By Authorities, Non-Service Of Notice

The Jammu & Kashmir High Court has ordered the de-sealing of a private psychiatry clinic in RS Pura, Jammu, which had been shut down by the authorities allegedly without prior notice or lawful procedure.

The clinic was operating under the name Jai Hind Psychiatry Clinic at Bagga Marh, RS Pura. It was sealed by the Sub-Divisional Magistrate following a communication from the Chief Medical Officer (CMO), Jammu.

The petitioners challenged the sealing action, arguing that it was carried out without any show cause notice, formal order, or authority under the law.

A bench of Justice Moksha Khajuria Kazmi directed that the clinic be de-sealed pending further hearing. It also granted liberty to the authorities to take appropriate action in accordance with the law, rules, and regulations.

The counsel for petitioner submitted that the respondents acted beyond their jurisdiction, and the clinic was sealed without following the prescribed procedures under Sections 33 and 34 of the Clinical Establishments Act, read with Rule 12 of S.O. 168.

A communication dated April 22, 2025, from the CMO to both the clinic and the SDM noted certain shortcomings while conducting the inspection. It also directed that the clinic not be de-sealed until the inquiry was concluded.

The court issued notice to the respondents which was accepted by counsel on behalf of the State authorities and sought four weeks to file their responses.

The matter has been listed for further hearing on July 15, 2025.

APPEARANCE

Aseem Sawhney, Advocate For Petitioner

Monika Kohli, Sr. AAG Mr. Raman Sharma, AAG, Advocate For Respondents

Case-Title: Charanpreet Singh & Anr. Vs UT of J & K and Ors. , 2025

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