Delhi HC refuses to stay fine imposed on Escorts hospital

New Delhi: Delhi High Court today refused to grant immediate relief to Fortis Escorts Heart Institute here against the imposition of fine of over Rs 100 crore by the AAP government for allegedly refusing to provide free treatment to poor patients as per land allotment lease condition.

The high court told the hospital that it cannot pass any "blanket stay order" and it would have to deposit Rs 105 crore as an "ad-hoc basis" if it wished to insist on a stay on the government's order.

It further said it will have to peruse the record on the basis of which the government has arrived at such a conclusion and asked it to deposit the said amount by tomorrow.
"For stay order, I will have to go through the records and pass the order," Justice Sanjeev Sachdeva said.

"You (hospital) deposit Rs 105 crore as an ad hoc basis. There cannot be a blanket stay order. If it (amount) is to be returned, it will be returned to you. If you are insisting on a stay, you have to deposit the amount. Deposit this amount, otherwise the order will stand," the court said.

As per the special committee appointed to look into the affairs of the hospitals, over Rs 32 crore fine was imposed on Max Super Specialty Hospital (Saket), Rs 19.48 crore on Dharamshila Cancer Hospital, Rs 36.30 on Shanti Mukand Hospital and Rs 10.6 on Pushpawati Singhania Research Institute.

Senior counsel Kapil Sibal, appearing for the hospital, told the court that they were not given proper hearing by the health department, which should explain how they had arrived at the figure of Rs 105 crore.

He said if the court was not inclined to give any stay, they would have to deposit the amount by tomorrow.

To this, the court said "in case, they (government) take any steps, you can come to the court any time."

The court issued notice to AAP government and asked them to produce the records on the basis of which they had arrived at the fine amount by the next date of hearing on July 19.

Besides Fortis Escorts Heart Institute, the AAP government had asked four other Delhi-based private hospitals -- Max Super Specialty Hospital (Saket), Dharamshila Cancer Hospital, Shanti Mukand Hospital and Pushpawati Singhania Research Institute -- to deposit the "unwarranted profits" got out of allegedly refusing free treatment to the poor.