HC imposes ₹5-lakh cost on petitioner seeking free Covid-19 treatment for all

The Bombay high court has imposed a cost of ₹5 lakh on an educationist who had sought directions to the state to bear the cost of treatment for all Covid patients

The Bombay high court has imposed a cost of ₹5 lakh on an educationist who had sought directions to the state to bear the cost of treatment for all Covid patients across all hospitals in the state. The court observed that it was preposterous to seek such directions at a time when the entire nation was struggling to combat and contain the spread of the virus.

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A division bench of chief justice Dipankar Datta and justice K K Tated, while hearing a couple of public interest litigations (PIL) filed by Sagar Jondhale, an educationist and Sarika Singh, a resident of Kurla was informed that the May 21 government notification which stipulated that 80% of beds in private hospitals was insufficient to alleviate the problems of a common man as they could not afford the cost of treatment. The petitions had prayed that the government should be directed to provide free-of-cost Covid-19 treatment at all hospitals, including private institutions, across Maharashtra.

Advocate Anand Jondhale for Sagar Jondhale and advocate Varsha Jagdale for Sarika Singh had argued that though the notification had requisitioned 80% of beds in private hospitals and nursing homes for treatment of Covid-19 patients in the absence of any clear orders on the charges that the hospitals could recover from patients was resulting in profiteering by the said private hospitals. The advocates submitted that the notification allowed the hospitals to charge separately for pharmacy and pathology services which were affecting the patients, hence sought the notification to be declared null and void.

In light of these submissions, the petitioners sought directions to the state government to provide free-of-cost Covid-19 treatment to all citizens in all hospitals, including private institutions, except to those who are covered by insurance schemes.

Advocate general Ashutosh Kumbhakoni along with government pleader Poornima Kantharia, however, submitted that due to the magnitude of Covid cases, the prayers of the petitioners were unfounded as the state could not be expected to pay for their treatment. Kumbhakoni further submitted that the state was taking all measures to ensure that testing and treatment for Covid was available to everyone, hence the demand for free of cost treatment by the petitioners was misplaced and the PILs should be dismissed with costs.

After hearing the submissions, the court observed that as the demands of the petitioners were frivolous and preposterous. Hence, the court dismissed the PIL filed by Jondhale and directed him to deposit ₹5 lakh with the state government as costs. The court then asked Singh whether she wanted to withdraw her PIL and posted the matter for hearing on June 19.