‘If poor not provided free treatment, will hand over to AIIMS’: SC warns Indraprastha Apollo Hospital

The Supreme Court asked the central and Delhi governments to set up a joint inspection team to “find out if poor people are being treated there or this land has been grabbed for private interest”.

“Discuss the matter at the highest level, and if need be, we will ask AIIMS to run the hospital,” the court said, giving the hospital four weeks to submit a report.

The bench was hearing an appeal filed by Indraprastha Medical Corporation Limited (IMCL), which runs the hospital, challenging the September 22, 2009, Delhi High Court order which said that “there has been hardly any implementation of the conditions of the agreement providing for free treatment to indoor and outdoor patients” and cited “reports which clearly show that the IMCL has flouted the conditions with impunity”.

As per the agreement establishing the hospital, It was stipulated that it shall provide free facilities of medical diagnostic and other necessary care to not less than 1/3rd of the total capacity of 600 beds and to provide free of cost full medical diagnostic and other necessary facilities to 40 per cent of the patients attending OPD of the hospital.

The All India Lawyers Union had approached the high court alleging that this was being flouted.

The high court asked the hospital “to provide 1/3 of the free beds i.e. 200 beds with adequate space and necessary facilities to the indoor patients and also to make necessary arrangements for free facilities to 40 per cent of the outdoor patients.”

Hearing the appeal against the high court order on Tuesday, the Supreme Court remarked orally that the hospital built on 15 acres of land given on a symbolic lease of just Re 1, was to be run on ‘no profit and no loss’ formula but has instead turned into a pure commercial venture where the poor can hardly afford treatment.

The IMCL counsel told the bench that it was being run as a joint venture and the government of NCT of Delhi has 26 per cent shareholding and had also benefited from the earnings.

“If the Delhi government is earning profit from the hospital instead of taking care of the poor patients, it is the most unfortunate thing,” Justice Kant said.

The Supreme Court noted that the land on which the hospital was built was given on a 30-year lease which was to expire in 2023 and asked the Centre and Union Health Ministry to find out if the same had been renewed and to explain “if lease deed has not been renewed, what lawful recourse has been initiated for restoration of government land”. The bench also asked them to inform it of the existing total bed strength of the hospital and sought records of OPD patients for the past five years.

“The affidavit will explain how many poor patients on recommendation of the state authorities were provided indoor and outdoor treatment in the last five years,” the court said, allowing the hospital to explain its stand in an affidavit.