SC pulls up Delhi hospital for false claim on notice receipt

New DelhiThe Supreme Court on Wednesday pulled up a private hospital in Delhi for falsely stating that it did not receive a notice over the issue of free treatment to poor patients, which it had issued in February

New Delhi

A bench of justices PK Mishra and Shree Chandrashekhar said it did not appreciate the manner in which the hospital responded. (HT Archive)

The Supreme Court on Wednesday pulled up a private hospital in Delhi for falsely stating that it did not receive a notice over the issue of free treatment to poor patients, which it had issued in February.

A bench of justices PK Mishra and Shree Chandrashekhar said it did not appreciate the manner in which the hospital responded.

The court said, “You will have to be sent behind bars. Jail is the place for you. Look at your arrogance. If this is how you are responding to a notice issued by the Supreme Court, how will you treat patients belonging to the economically weaker sections (EWS).”

The court’s observations were directed against Yatharth Hospital in Model Town, which was one of the 51 hospitals issued notice by the top court for violating their obligation of providing free treatment to poor patients in lieu of having received land at concessional rates. EWS category patients, to the extent of 10% in the in-patient department (IPD) and 25% in the out-patient department (OPD) services, are to be treated freely.

The bench took up the matter for monitoring its previous orders, by which it appointed senior advocate Sanjay Jain as amicus curiae, along with advocate Ninad Laud, to prepare a standard operating procedure (SOP) for institutionalising the free treatment clause. The SOP was submitted two months ago, following which the court gave a few more suggestions, and in consultation with hospitals and the Delhi government, a revised SOP was submitted to the court on Wednesday.

The court was informed by the amicus that in the meeting convened with hospitals for framing the SOP, 50 hospitals took part, with the only exception being Yatarth Hospital. On July 29, the court summoned the medical superintendent of the hospital to show-cause why the order of the court was violated.

The officer representing the hospital said that the hospital could not attend the meeting as it did not receive the notice issued by the court on February 24. The bench said, “All 51 hospitals received notice. This is not the way you respond to our notice.”

On Wednesday, the hospital filed an affidavit stating that upon an internal enquiry, the hospital management came to know that the notice was received by the hospital but the same was not “routed” to the medical superintendent, the management or the legal department of the hospital.

The court posted the matter for hearing on September 30, giving time to private hospitals to respond to the revised SOP. The bench suggested a common meeting to be held, where a unified SOP could be drawn out with the consent of all hospitals for finalisation and approval at the next hearing.

The direction by the court came in continuation of its 2018 ruling directing all hospitals that received land at concessional rates and were bound under the lease deed conditions to provide free treatment to the EWS patients.

The top court’s 2018 ruling stemmed from a PIL filed in the Delhi High Court, seeking free treatment to the poor at such hospitals. In 2007, the high court mandated all such hospitals to scrupulously abide by the same. The order was challenged in the Supreme Court, which upheld the high court order and directed the Delhi government to submit periodic reports of compliance.