‘Surprised, shocked’: Delhi HC on Delhi government not accepting Centre’s aid, including under PMJAY

Seven BJP MPs have moved a fresh petition before the Delhi High Court challenging the Delhi government’s ‘arbitrary decision’ to not implement the Pradhan Mantri Jan Arogya Yojana in the national capital.

Hearing a petition moved by seven BJP MPs seeking the implementation of the Pradhan Mantri Jan Arogya Yojana (PMJAY) in the national capital, the Delhi High Court on Wednesday expressed “shock” at the Delhi government’s refusal to accept aid from the Centre amid its flailing health infrastructure.

The division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing a fresh petition moved by Delhi MPs Bansuri Swaraj, Praveen Khandelwal, Ramvir Bidhuri, Kamaljeet Sehrawat, Harsh Malhotra, Manoj Kumar Tiwari and Yogender Chandolia challenging the “arbitrary decision” of the Delhi government to not implement the PMJAY. Under the health insurance scheme, everyone aged 70 or more, irrespective of income, will be entitled to a cover of Rs 5 lakh annually to be shared within the family.

Appearing for the petitioners, senior advocate Swaraj submitted, “Today when 33 out of 36 states and UTs [Union Territories] have implemented this scheme, many of these states which are governed by political parties not in consonance with Centre, Opposition parties have deemed it fit, two states – West Bengal and GNCTD [Government of National Capital Territory of Delhi] have refused…Why are the citizens of Delhi being deprived of this (scheme)?”

“As of 2021, then deputy CM of Delhi who was also the finance minister (Manish Sisodia) in his budget speech had made a promise that he will implement the scheme in Delhi as well. A citizen of Delhi living in Delhi cannot avail the scheme…There are 79 institutions in Delhi empanelled under the scheme,” Swaraj added.

Chief Justice Manmohan orally remarked during the proceedings, “You all are MPs, why are you coming to court? That means there is a collapse of the government, which is not good, no? Every day we are getting petitions (from elected representatives) that nothing is being done in my constituency…All three wings of the government have to be robust, it cannot be one wing is on the verge of collapse…”.

“I am handling the healthcare infrastructure and hospitals (in petitions before the HC) and it is in a mess….I am surprised they (GNCTD) are not accepting Centre’s aid, they’re not accepting the money… every day I am (being) told there is no money with us (GNCTD)…And today, you are refusing Rs 5 lakh (of health coverage under PMJAY) for the citizens, I am shocked…I’ve been saying openly in court (that we are) virtually short of declaring it (health department of GNCTD) bankrupt…your health minister and health secretary are not talking to each other…in that sort of a mess you are not accepting central aid, your machines are not working,” he added.

Meanwhile, Santosh Kumar Tripathi, the counsel for the GNCTD, submitted before the court that the petition was “misconceived”. Adding that he has not received an advance copy of the petition, Tripathi sought time to respond to the contentions being raised in the petition while opposing the issuance of notice.

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The bench has kept the matter for further consideration on Thursday.

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