The High Court issued a rule asking why the law enforcement agencies will not be able to carry out raids in any government or private hospital in the country without permission and why this directive of the Ministry of Health will not be declared illegal.
The High Court bench of Justice Justice Tariq ul Hakim and Justice SM Kuddus Zaman issued the rule on Tuesday.
Advocate Yadia Zaman was present in favour of the writ petition while Deputy attorney general Amit Das Gupta stood for the state in the hearing.
Earlier on 18 August, a writ was filed with the High Court challenging a circular that asked law enforcement agencies to take prior approval from the health ministry to conduct raid at hospitals.
Supreme Court lawyer Advocate Yadia Zaman and Advocate Hasan Tarek Polash filed the writ on behalf of another lawyer Advocate Rafiqul Islam.
Secretaries of the home ministry, health ministry, law ministry and director general of Directorate General of Health Services (DGHS) were made respondents in the writ petition.
The health ministry, in a letter issued on August 4, asked the home ministry to take prior approval and coordinate with the health ministry before conducting any raid at hospitals.
Hospital raids by law enforcement agencies amid the coronavirus pandemic are disrupting normal operations of the healthcare facilities, said the letter.
Law enforcers recently raided several hospitals and fined the authorities as evidence of various irregularities, including the issuance of fake coronavirus test reports were found.
nh/teb