Closure of Janaushadhi: 'There should be public interest in politics and not politics in public interest', says High Court

Bengaluru: The Karnataka High Court has observed that the entire fulcrum behind the state government’s order directing closure of the Janaushadhi Kendras in the government hospital premises revolves around politics in delivery of medicine in the name of public interest.

“Therefore, this Court is constrained to observe that, there should be public interest in politics and not politics in public interest,” Justice M Nagaprasanna said while allowing a batch of petitions filed by Jagadeesh Mogera and others, challenging the government order.

The petitioners had challenged the legality and propriety of the orders dated May 14, 2025, issued by the Health and Family Welfare Department and August 2, 2025, issued by respective Administrative Medical Officers of the respective govt hospitals/community health centres.

The petitioners contended that the primary reason projected in the order was that the presence of the Kendra/s within the hospital premises impeded the state’s policy of supplying free medicine to the patients. It was further contended that the state procures medicines from the Kendras for giving it to the patients in the hospital, projecting it to be given free.

After perusing the government order, Justice Nagaprasanna noted that it is unsupported by cogent material and is wholly insufficient to extinguish the rights and expectations painstakingly built over years.

“Administrative confusion cannot become a licence for administrative caprice. The Kendra/s are established by Government of India with the avowed objective of providing generic medicine, both cost-effective and quality-effective which is now wanting to be stonewalled by the State by passing of an order of closure,” the court said.

The court further noted that the Kendra/s were handed over pursuant to agreements entered into between the parties.

“The sole reason to close the Kendra/s and direct eviction of these petitioners from the premises is that the State wants to deliver free medicine – yet another slogan of providing a freebie or outside medicine is not allowed inside the hospital,” Justice Nagaprasanna said.

The court also said if the patients in hospitals are being administered medicine procuring them from the Kendra/s, it would demonstrate that there are no free medicines available in hospitals. The state has not shown that continuation of the Kendra/s is illegal or harmful, the court further noted.

“Therefore, the intent of supply of free medicine (of the state government), appears to be an intent only. The sustained success of these Kendra/s over 5 to 7 years in all these cases speaks volumes. Therefore, continuance of these Kendra/s is in public interest. The State cannot now throw a spanner in the wheel of smooth functioning of the Kendra/s by the impugned action, which on the face of it, is antithetical to public interest,” Justice Nagaprasanna said, adding that “Public interest must be the soul of governance, not a slogan to justify abrupt policy reversals.”