Surgeries ‘conducted against medical protocol’: Court rejects bail plea of director Kothari in Ahmedabad PMJAY ‘racket’ case

Principal District and Sessions Judge KM Sojitra stated in his order, “In pursuance to the conspiracy, the accused persons did not disclose the actual medical condition of the patients and misguided them to undergo angiography and angioplasty by placing stent in the body, though angiography / angioplasty was not required as per the medical protocol, with knowledge that if stents are placed in the person who do not require it then it would cause death of the person, and forged medical reports were prepared to create threat in mind of patient of medical emergency and avail money from government’s PMJAY scheme…Two people died on the same day when they were operated by Khyati Multispeciality Hospital and thereby, the accused have committed the offence as stated in the FIR…they performed the surgeries against medical protocol with the intention to illegally avail money from the government.”

The court further said, “(Kothari) is a director of Khyati Multispeciality Hospital and her husband is holding 6.31% share. It is stated by the Investigating Officer that (Kothari) being director used to attend meetings which were held at chairman Kiran Patel’s office where decisions with regard to how to increase business by organising free medical check-up camps were discussed.”

Special Public Prosecutor Vijay Barot had opposed Kothari’s bail application stating that the accused was part of a “conspiracy to illegally gain money from the Pradhan Mantri Jan Arogya Yojana scheme and as part of the conspiracy, the accused persons, who are directors, doctors and management persons with the intention to illegally gain money used to organise free medical camps and under the fear of health issues, patients were made to undergo angiography and angioplasty, though it was not required”.

The prosecution submitted that Kothari’s husband and other co-accused in the Khyati case are partners in Ahmedabad Bariatric and Cosmetics Pvt. Ltd. and her husband also holds 3.61% share in Khyati Multispeciality Hospital. The order also notes the prosecution’s submission that after the retirement of her husband, Kothari joined as a partner and was “aware that the hospital has not followed any legal medical protocol, which would require an MBBS medical officer for post treatment observations; the hospital appointed BHMS and BAMS doctors.”

Forged audit report

The prosecution also submitted that the doctor, who was required to perform angiography was “not on the panel under PMJAY scheme for Khyati Multispeciality Hospital”. The prosecution also submitted that the hospital had forged its audit report and earned a total of Rs 16.64 crore from the government under PMJAY scheme.

Kothari, an accused in the FIR registered at Vastrapur police station in Ahmedabad, had sought regular bail on the ground that the police had completed the investigation and filed a chargesheet in the case. Advocate AK Shah, appearing for Kothari submitted that Kothari “is innocent and has not committed any offence as stated in the FIR”. The court order states that Kothari pleaded that she is “the only lady director” and a “non-executive director” along with being a “house-wife in her life”. Kothari’s counsel argued that she was unaware of any day to day activity of the hospital and was “not connected with any activity of angiography, angioplasty in any manner”. In her bail application, Kothari also stated that she had “not attended the annual general meeting, which was held on September 30, 2024 and cannot be made vicariously liable for the alleged offence.” Kothari also submitted that she has “not received any remuneration or financial benefit” from the hospital nor was she part of any decision making or management activity.