SC seeks Delhi LG’s response over plea on Farishtey scheme

Why are two wings of the administration fighting with each other, the Supreme Court asked on Friday as it sought the response of the Delhi lieutenant governor (LG) on a petition by the Aam Aadmi Party (AAP) government to operationalise the Farishtey scheme, which provides cashless treatment to road accident victims in the city

Why are two wings of the administration fighting with each other, the Supreme Court asked on Friday as it sought the response of the Delhi lieutenant governor (LG) on a petition by the Aam Aadmi Party (AAP) government to operationalise the Farishtey scheme, which provides cashless treatment to road accident victims in the city.

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The scheme, the government said, was stuck due to non-payment of pending bills worth over ₹7 crore.

Issuing notice on the petition by the Delhi government, a bench of justices BR Gavai and Sudhanshu Dhulia said, “We don’t understand why one wing of the government is fighting with another wing!”

It posted the matter for hearing in the first week of January.

Senior advocate Abhishek Manu Singhvi, representing the Delhi government along with advocate Shadan Farasat, told the court that the health department of the state government falls under the Delhi government. Since the enactment of the Government of National Capital Territory of Delhi (Amendment) Act, 2023, which is under challenge in the top court, “services” — the appointment and transfer of officials — falls under the jurisdiction of the LG.

“Just because services come under you (office of LG), will you run the health department also?” Singhvi said. “This concerns health of citizens. Since the scheme was launched, 23,000 road accident victims have been benefitted.”

Pending the challenge to the 2023 Act, the Delhi government has had constant run-ins with the Centre, with the most recent instance being over the appointment of chief secretary. The top court in its order of November 29, disposing Delhi government’s plea to have an equal say in recommending choice of officer as chief secretary, said, “The chief secretary though appointed by the Central government, must comply with the directions of the elected government over matters on which their executive competence extends.” The court, however, allowed the Centre to grant a further six-month extension to the present incumbent Naresh Kumar despite objections by the AAP government.

In the petition filed by advocate Nupur Kumar, Delhi government sought disciplinary action against two officers — Nutan Mundeja, the then directorate general of health services; and SB Deepak Kumar, health secretary — for “deliberately orchestrating” the de-operationalisation of Farishtey scheme.

“As a result of the aforesaid mismanagement and insubordination caused on purpose, as on date, there is a pending payment of ₹7.17 crores in respect of 42 private hospitals,” the petition said. “Approximately 23,000 road accident victims have been provided cashless treatment in private hospitals which are reimbursed by the Delhi Arogya Kosh at Ayushman Bharat Health Benefit Package 2.0 rates,” it added.

Under the Farishtey scheme, envisaged in February 2018, a victim of a road accident can go to any hospital and get free treatment. It casts an obligation on the state government to reimburse the private hospitals for the cost of treatment incurred, a programme that has helped save lives of road accident victims who need urgent medical care within the first hour of accident.

HT reached out to the LG’s office, but officials there did not respond to requests for comment.