Supreme Court summons Health Secretaries of 28 States/UTs for failing to act on ICU safety measures

The Supreme Court recently issued show cause notices to 28 States and Union Territories (UTs) for failing to comply with its directions to frame uniform standards for patient safety in intensive care units (ICUs) and critical care facilities [Asit Baran Mondal & Anr. vs. Dr. Rita Sinha & Ors.].

A Bench of Justices Ahsanuddin Amanullah and NK Singh ordered the concerned Additional Chief Secretaries or senior-most Health Department officials of each defaulting State and UT to personally appear before the Court on November 20 with show-cause affidavits.

“Accordingly, notice is issued to the concerned Additional Chief Secretary/Senior-most Official of the Department of Health of all the concerned States/Union Territories (UTs), as to why action be not taken against them for such casual approach shown towards the Court. The said officers shall remain personally present before this Court, along with their personally affirmed show cause affidavits, on the next date of hearing, i.e., 20.11.2025,” the bench directed.

The bench made it clear that no excuses would be entertained.

“It is made clear that the officers who have been directed to appear shall not cite any excuse, including any prior engagements or other programs, which shall be rescheduled to give priority to the order passed today,” the judges said.

The list of defaulting States and UTs includes Arunachal Pradesh, Assam, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Mizoram, Odisha, Punjab, Rajasthan, Sikkim, Telangana, Tripura, West Bengal, Chandigarh, Delhi, Jammu and Kashmir, Puducherry, Lakshadweep, Ladakh, Andaman and Nicobar Islands, and Dadra and Nagar Haveli and Daman and Diu.

The Court was hearing a matter that first began in 2016. The original complaint concerned alleged medical negligence in private hospitals and the absence of uniform standards for ICUs and CCUs. While the appeal itself was dismissed in 2024, the Supreme Court decided to continue monitoring the larger issue of standardising critical care across the country.

Since then, the Court has passed a series of orders directing the Centre and States to work together on a framework.

On August 5 this year, the Court directed every State to hold conferences with all stakeholders, including corporate hospitals, to prepare draft norms for ICU/CCU admission, treatment, staffing, hygiene and infrastructure. It also required top health secretaries to take personal responsibility and sign off on the resolutions.

When the matter was revisited on August 19, the Court noted that despite the urgency, the exercise remained incomplete. It stressed that without a comprehensive roadmap, no effective directives could be issued.

To ensure expert input, the Court constituted a three-member committee consisting of Additional Solicitor General Aishwarya Bhati, Amicus Curiae Karan Bharihoke and Dr. Nitish Naik (Professor of Cardiology at AIIMS, New Delhi). The Court directed States to complete their reports by September 30 and forward them to the committee by October 5.

On September 18, when counsel for some States sought more time, the bench extended the deadline slightly but warned that consequences would follow if timelines were ignored. Yet by October 13, the Court found that more than two dozen States and Union Territories had either failed to submit their reports or had submitted them late.

Expressing displeasure, the Bench said that the Court’s patience has been tested.

“We are more pained than shocked by the casualness shown by various States, that despite over indulgence shown by the Court with regard to the exercise, the orders of this Court have been taken very lightly by the officers concerned,” the bench said.

While issuing the show-cause notices, the Court also warned that any further non-compliance or submission of perfunctory reports would invite strict action against both the officers and the States concerned. At the same time, it requested the three-member committee to begin deliberations on the material already available and prepare a draft report.

The matter will now be taken up on November 20, when top health officials from across the country are expected to be present in Court.

[Read Order]