Delhi LG recommends CBI probe into 'fake' tests at mohalla clinics
New Delhi, Jan 4: Lt Governor V K Saxena has recommended a CBI probe into alleged fake lab tests and ghost patients at Delhi's mohalla clinics, Raj Niwas officials said on Thursday.
The development comes days after Saxena ordered a CBI probe into the alleged supply of drugs to Delhi government hospitals that had failed "quality standard tests".
Delhi Health Minister Saurabh Bharadwaj said the AAP government had last year de-empanelled several doctors and staffers at mohalla clinics for wrongdoings and also demanded the sacking of the health secretary.
According to officials, "grave" fraudulent practices have been found to be prevalent in the lab tests being carried out in the name of patients visiting Delhi government hospitals and mohalla clinics with payments being made to private labs.
"It is indicative of a scam running in hundreds of crores (of rupees). Saxena had issued these directions while clearing a file pertaining to the extension of lab testing services to private parties for patients visiting mohalla clinics and Delhi government hospitals in December 2022," an official said.
The Delhi government's Vigilance and Health Departments carried out an investigation to look into the lab investigations that were being outsourced to private diagnostic companies.
In August last year, it was found that some doctors and staff of seven mohalla clinics in southwest, Shahdara and North-East districts resorted to "unethical practice" to fraudulently mark their attendance through pre-recorded videos, the official said.
These mohalla clinics were in Jaffar Kalan, Ujwa, Shikarpur, Gopal Nagar, Dhansa, Jagjeet Nagar and Bihari Colony, he said.
Patients at these Mohalla Clinics were provided medical consultation and medicines were disbursed by unauthorised staff in the absence of doctors, thus endangering the lives of the patients, the official said.
In September last year, action was taken against the staff and they were de-empanelled and FIRs were lodged against them, he said.
Subsequently, a review of sample lab testing data for three months July to September last year- retrieved from two private service providers was carried out.
"It was found that fake or non-existent mobile numbers were used for registration of patients and subsequent lab tests that were supposedly done on them, the official said. "Also, there was duplication of mobile numbers. The data has clearly revealed that fake lab tests were carried out at these mohalla clinics that need to be further inquired," the official said.
According to the inquiry report, there were 3,092 records of different patients with the same mobile number -- 9999999999 -- while in the case of 999 patients, their mobile numbers were repeated 15 or more times.
Similarly, 11,657 patients had the mobile number zero registered against their names while in the case of 8,251 patients, the mobile number column was left blank. As many as 400 patients had a single-digit phone number.
Reacting to Saxena's recommendation of a CBI probe, Bharadwaj said the health secretary should be held responsible for the "sub-standard medicines" being supplied in Delhi government hospitals and the alleged scam at mohalla clinics.
In September last year, the AAP government had announced the de-empanelment of 26 staffers, including seven doctors, posted at mohalla clinics for allegedly trying to manipulate the attendance system, the minister said during a press conference here.
"If there are complaints about the standard of medicines or patient records in mohalla clinics, officials are responsible for it. We have already said that action should be taken against the health secretary but nothing has been done," he said.
"Why not suspend the health secretary? What are you waiting for? These people (senior officials) have been deployed by them (LG and BJP government at Centre) only," he said.
In December 2022, the Aam Aadmi Party government announced that it would provide 450 types of medical tests free of cost at its hospitals and health centres from January 1, 2023.
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Justice must be seen to be done: Kejriwal on refusal to appear in excise case before HC judge
New Delhi (PTI): Aam Aadmi Party chief Arvind Kejriwal has written to Delhi High Court Justice Swarana Kanta Sharma, saying he will not appear in the excise case personally or through a lawyer before her, the party said on Monday.
Pointing to a "grave miscarriage of justice", Kejriwal, in a four-page letter, said he has "serious and unreconciled" concerns regarding the matter.
"I have decided that I shall not participate in the further proceedings in this matter, either in person or through counsel. I do not take this step lightly," Kejriwal added.
In his letter, Kejriwal further said that "justice must not only be done, but must also be seen to be done".
"The principle that justice must not only be done, but must also be seen to be done, is among the most sacred assurances that a court gives to a citizen in a democracy," he said.
The assurance cannot be dishonoured by asking the citizen to ignore what "anyone can plainly see" in a case like this, he added in the letter.
The letter also invoked the principles of Satyagraha and the teachings of Mahatma Gandhi, with Kejriwal saying that his intent is "strengthening of judiciary and prevent its weakening".
He added that he has given the authority an opportunity to consider and correct what he perceived to be a grave miscarriage of justice.
His earlier plea seeking the recusal of Justice Sharma, which was rejected on April 20, was interpreted as a personal attack, the AAP chief claimed.
"After the said judgment, I am left with the painful and inescapable impression that what I had urged as a lawful plea of apprehension was received and answered as a personal attack upon Your Ladyship and as an assault on the institution itself.
"Those are not, with respect, answers to the case I had brought. They show me that my plea of apprehension has been judicially understood as a personal and institutional affront," he said in the letter.
The letter further noted the leader's belief that it was now "impossible to receive an impartial hearing" in Justice Sharma's court.
Kejriwal also reiterated two grounds cited earlier in his recusal plea.
"First, the issue of Your Ladyship's repeated public association with the RSS's legal front, the Akhil Bharatiya Adhivakta Parishad (ABAP) -- an organisation belonging to the ideological ecosystem of the ruling dispensation," he wrote, further pointing out that Justice Sharma's children "are professionally engaged on multiple advocates' panels of the Union government which happens to be the opposite party in this case".
Reflecting on his personal experience during the proceedings, the former Delhi chief minister expressed concern over the broader implications of his case on public trust in the judiciary, while he said he maintains respect for the institution.
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"When I appeared before Your Ladyship to argue my case, the question in my heart was simple: Will I get justice? Today, with the deepest respect, I must say that the same question has become graver and deeper in my conscience," he said.
This case has now become a matter of widespread public discussion. It is being discussed not merely in legal and political circles, but in homes across the country, the letter read.
Addressing potential criticism, Kejriwal clarified that his remarks should not be interpreted as opposition to the judiciary.
"As I write this, I am also cognisant of the fact that some might portray me as someone 'against' the judiciary. But how can that ever be the case when I have personally received relief from the judiciary, including orders of bail and the present discharge?
"Today, I walk free because of the judiciary. Let there exist no figment of imagination that my present stand is against the institution," he asserted.
Kejriwal further said his respect for the judiciary "remains intact" and he has "unwavering faith" in the Constitution of India.
"My objection is not to the institution of the High Court or the larger judicial system, but only to the continuance of this matter before Your Ladyship (Sharma) under a cloud of grave and unresolved questions and circumstances that have generated grave public doubt in your ability to dispense impartial justice," Kejriwal further wrote in the letter.
He also clarified that his "personal inability" is confined to just this matter.
"I shall continue to appear in matters where these serious and unreconciled concerns do not arise, including matters in which the solicitor general does not appear and matters unconnected with the Union government, the BJP or the RSS," the letter added.
He further said he has made the decision by listening to the voice of his conscience and that he is prepared to bear the consequences.
"I may prejudice my own legal interests. I understand that I may lose the opportunity to advance submissions before this Hon'ble Court and that adverse consequences in law may follow. I am prepared to bear those consequences," the AAP chief said.
He added that he will reserve the right to approach the Supreme Court to appeal against Justice Sharma's decision.
