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HC stays PSHRC orders summoning Max, Manipal officials for retaining body due to unpaid bills

A non-judicial member of the PSHRC, who took up the matter suo motu, also allegedly took to social media to slam the doctor and the directors of the hospitals.

PSHRCThe division bench stayed all PSHRC orders requiring the personal appearance of the directors of Max and Manipal Hospitals and of Dr GS Siddhu, directing instead that they file affidavits with supporting documents. (Express Photo)

The Punjab and Haryana High Court on Tuesday stayed directions issued by the Punjab State Human Rights Commission (PSHRC) requiring the personal appearance of doctors and directors from Max Super Specialty Hospital, Mohali, and Manipal Hospital, Patiala, in a suo motu case concerning the alleged withholding of a patient’s body over unpaid bills.

A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry also indicated that it would examine later whether the suo motu cognizance of the incident was validly taken by a single non-judicial member of the PSHRC, without circulation among all commission members.

The PSHRC intervened after a news item in a Hindi daily alleged that Max Hospital had demanded a large sum, initially reported as around Rs 7.21 lakh and later amplified in social media discourse to Rs 35 lakh, before releasing the body of a patient from Patiala. A single non-judicial member of the PSHRC took suo motu cognizance of the report on December 16, 2025, and passed an order calling for reports from the Civil Surgeon and other authorities.

Subsequently, the PSHRC summoned the director and officials of Max Hospital, publicly warning that “next time bring your director along,” and issued strong reprimands for allegedly detaining the body over payment.

It also ordered the Civil Surgeon, SAS Nagar, and the Deputy Commissioner to file detailed inquiry reports on the incident. It constituted a committee of four doctors to examine the medical records, treatment given, and circumstances surrounding the patient’s death and the retention of the body.

Directing the treating doctor, Dr. GS Siddhu, to appear before the commission to answer queries about the diagnosis, treatment, and reasons for referring the patient from Manipal Hospital, Patiala, to Max Hospital, Mohali, it also issued .notices to all directors the two hospitals requiring their personal appearance before the commission.

The Commission asked the hospitals to file affidavits explaining how they charged for rooms, operations, medicines, and other procedures, effectively expanding the inquiry beyond the original allegation of body-retention into broader questions of billing and hospital practices. It also sought historical records, including the allotment papers of the hospital site (dating back to 2009) and the completion/occupation certificate granted in 2012, indicating a widening of the scope beyond the immediate human-rights-related incident.

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In addition, the same PSHRC member publicly commented on the case, giving interviews and podcasts in which he stated that FIRs would be registered against the hospital directors and the treating doctor, and that “heavens will not fall” if the doctor appeared before the commission. He also recorded and telecast proceedings from his private Instagram and Facebook accounts, adding commentary that he would “settle” the matter and get FIRs registered, actions that Senior advocate AS Ra, the counsel for Max, described as “publicity-hungry litigation.”

Rai argued before the bench that the Civil Surgeon’s report, based on clarifications from Max Hospital, had concluded that the issue was a payment dispute, not medical negligence, and that no evidence of human-rights violation had surfaced.

He said a board of four doctors had examined the records and the treating doctor’s statement and had found no fault in the treatment or the shift of the patient to Max Hospital.

He contended that the family had submitted a written request to keep the body for 12 hours, after which it was released; CCTV footage did not show coercion in the payment of about Rs 1 lakh.

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Rai contended that the PSHRC member’s actions, issuing directions for personal appearance, FIRs, and detailed billing inquiries, while simultaneously broadcasting and commenting on the case on social media, exceeded the commission’s recommendatory jurisdiction and created an appearance of bias.

The division bench stayed all PSHRC orders requiring the personal appearance of the directors of Max and Manipal Hospitals and of Dr GS Siddhu, directing instead that they file affidavits with supporting documents.

It marked the matter for further hearing on February 17, while urging the PSHRC not to “precipitate the matter” in the meantime.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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