DHARWAD: The Dharwad bench of Karnataka High Court has quashed the state government’s order directing the closure of all Jan Aushadhi Kendras (JAKs) operating on government hospital premises.
Justice M Nagaprasanna delivered the verdict on Wednesday, allowing a batch of petitions filed by Rakesh Mahalingappa L. and others. The judge orally observed that the petitions were allowed and the government order stood quashed. The detailed written order is awaited.
The petitioners argued that the government’s decision was taken hastily and without proper consultation. The move was against public interest, as Jan Aushadhi Kendras provided medicines at highly affordable prices, benefitting below-poverty-line families, fixed-income groups, and other vulnerable sections. They also pointed out that significant investments had already been made in infrastructure, equipment and staffing for the Kendras.
The petitioners contended that the order violated their right to livelihood under Article 19(1)(g) and the right to life under Article 21 of the Constitution. It also adversely affected citizens’ Right to Health, they argued.
The Additional Advocate General submitted that free medicines were already being provided in government hospitals. Jan Aushadhi Kendras could function outside hospital premises and that their presence within government hospitals was unnecessary, he added.