Supreme Court Warns Indraprastha Apollo Hospital: “If Poor People Not Provided Free Treatment, We Will Hand Over the Hospital to AIIMS”

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The Supreme Court warned Indraprastha Apollo Hospital in Delhi for failing to provide free treatment to poor patients as per its lease agreement. The bench is considering handing over the hospital to AIIMS if non-compliance persists. It has demanded records on free treatments and bed strength. The court also asked the Delhi government to clarify the hospital’s lease status.

New Delhi: The Supreme Court stated on Tuesday that if Indraprastha Apollo Hospital fails to provide free treatment to impoverished individuals, it may direct the All India Institute of Medical Sciences (AIIMS) to take over the facility.

A bench comprising Justices Surya Kant and N. Kotiswar Singh expressed serious concerns about alleged violations of the lease agreement, which mandates that the hospital, operated by Indraprastha Medical Corporation Limited (IMCL), offer free medical services to one-third of its indoor patients and 40% of its outdoor patients without discrimination.

The bench warned,

“If we find that poor people are not receiving free treatment, we will hand over the hospital to AIIMS,”

The judges noted that the hospital, built by the Apollo Group on a 15-acre plot in a prime area of Delhi, was granted a symbolic lease of Rs.1 and was supposed to operate on a ‘no profit and no loss’ basis. Instead, it has seemingly become a commercial enterprise, making treatment unaffordable for the poor.

The IMCL’s counsel argued that the hospital is a joint venture, with the Delhi government holding a 26% stake and benefiting from its profits.

Justice Surya Kant remarked,

“If the Delhi government is profiting from the hospital instead of caring for poor patients, it is truly unfortunate.”

The bench also pointed out that the 30-year lease for the hospital is set to expire in 2023 and instructed both the Centre and the Delhi government to verify whether the lease agreement has been renewed. The court was addressing a plea from IMCL challenging a September 22, 2009, order from the Delhi High Court, which had stated that the hospital administration had violated its agreement to provide free treatment to poor patients “with impunity.”

The Supreme Court requested information regarding the hospital’s total bed capacity and records of outpatient (OPD) patients over the past five years.

Urging the hospital administration to cooperate with the inspection team by furnishing all requested records, the bench stated,

“The affidavits should clarify how many poor patients were provided free treatment in the last five years,”

The court also allowed the hospital administration to submit its own affidavit and scheduled the next hearing for four weeks later.

In its 2009 ruling, the High Court directed the hospital to allocate one-third of its beds (approximately 200) for free treatment of indoor patients and to ensure that 40% of outdoor patients receive necessary services without charge.

The High Court emphasized the establishment of special referral centers in all specialty and general hospitals, allowing critical patients to be referred to Indraprastha Apollo Hospital for immediate treatment.

The High Court also mandated that the IMCL clearly display information regarding the 40% entitlement of OPD patients for free treatment and imposed a fine of Rs.2 lakh for contesting the matter and raising frivolous objections to avoid its obligations under the agreement.




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