Supreme Court seeks LG’s stand on row with Delhi govt over Farishtey scheme

The Supreme court was hearing a petition filed by the Delhi government against the LG alleging that due to stoppage of funds for the scheme for the past one year

NEW DELHI: The Supreme Court on Friday asked the Delhi Lieutenant Governor VK Saxena to make his stand clear on the stoppage of funds for the Delhi government’s Farishtey scheme promising free medical treatment for road accident victims and said that if it is found that the Delhi government took the Court for a ride, exemplary cost will be imposed.

The bench of justices BR Gavai and Sandeep Mehta told LG VK Saxena to file an affidavit within two weeks (HT FILE PHOTO)

The Court was hearing a petition filed by Delhi government against the L-G alleging that due to stoppage of funds for the scheme for the past one year, unpaid dues of ₹7.17 crore payable to private hospitals had mounted. On December 8, the top court had issued notice on the petition and sought response from L-G after being told that the Farishtey scheme launched in 2018 that had benefitted approximately 23,000 road accident victims required to be reoperationalised.

The bench of justices BR Gavai and Sandeep Mehta asked L-G to file an affidavit in two weeks after senior advocate Sanjay Jain representing L-G submitted that the office of L-G was not involved in the matter.

Jain informed the Court that “much ado about nothing” has been created by this petition as it was a classic case of a storm in a teacup. “It is not a matter where there was an issue between the Council of Ministers and L-G.” Jain said, stating that “L-G is not involved in any manner.” He further said that the scheme is run by a society headed by Delhi health minister. “It is the health minister who conducted a meeting on January 2 and released the funds.”

The Court said, “File an affidavit to this effect. If we find the Minister has taken us for a ride, we will impose exemplary cost.”

Senior advocate Abhishek Manu Singhvi appearing for Delhi government with advocate Shadan Farasat said that the position will be clear once the affidavit is filed. “The Court may reserve its observations till the reply is filed,” Singhvi said.

As the hearing began, the bench was informed that a response had not been filed by L-G. The Court even remarked, “Ask your L-G not to make every issue a prestige issue.” It was then that Jain told the Court, “This petition is a classic case of a storm in a teacup as it was much ado about nothing.”

On the previous date of hearing, the bench had observed, “We don’t understand why one wing of the government is fighting with another wing,” while seeking response of L-G.

The petition filed by advocate Nupur Kumar stated that the 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 ‘Farishtey’ scheme to be de-operationalized. “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 added.

The scheme provided cashless treatment in private hospitals for road accident victims and them money incurred on their treatment was to be reimbursed by the Delhi Arogya Kosh at Ayushman Bharat Health Benefit Package 2.0 rates.

The Delhi government had stated in its plea that with the enactment of the Government of National Capital Territory of Delhi (Amendment) Act, 2023, ‘services’ fall under the jurisdiction of the L-G and it is using this power the said scheme was sought to be frustrated.

The petition said, “When the payment of bills of such private hospitals are halted, these hospitals stop taking patients under the scheme.” It pointed out that despite repeated reminders sent to the officials to clear the payments, besides a letter written by chief minister Arvind Kejriwal to L-G Vinai Kumar Saxena on October 27, the bills remain unpaid till date.

The 2023 Act has already been challenged by the Delhi government before the top court and the same has been referred to a Constitution bench. Pending decision on the new law, there have been constant run-ins between the Aam Aadmi Party (AAP) government and Centre.

Most recent illustration of this bitter battle in Court occured two months ago when Delhi’s chief secretary was about to retire on November 30. The Delhi government filed a petition seeking an equal say in recommending choice of officer as chief secretary. The Court allowed Centre to grant an extension of six months to the present chief secretary Naresh Kumar but held, “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 Delhi government sought to link the revival of Farishtey scheme to the pending challenge to the 2023 Act. Its petition said, “The sustained insubordination of the defaulting officials is also anti-democratic to the core, in so far as it violates the tenets of federalism. It amounts to the turning of the constitutional scheme embedded by way of Article 239AA on its head by making the Delhi government, which enjoys the mandate of the local people, a silent spectator in the matters of policy making and administration of NCT of Delhi,” the petition added.

As per the Delhi Road Crash Report 2021, in the year 2021, 1,239 people died in 4,720 road accidents in Delhi. The Delhi government said, “Timely treatment of road accident victims in the nearest hospital can go a long way in saving their lives.”