The Supreme Court on Tuesday warned that Indraprastha Apollo Hospital could be taken over by AIIMS if it fails to provide free treatment to poor patients. A bench comprising Justices Surya Kant and N Kotiswar Singh expressed concern over the alleged violation of the hospital's lease agreement.

Under the agreement, Indraprastha Medical Corporation Limited (IMCL), which runs the hospital, was required to offer free medical services to one-third of its indoor poor patients and 40% of its outdoor patients without discrimination.

"If we find that poor patients are not receiving free treatment, we will transfer the hospital to AIIMS," the bench stated. The court noted that the hospital, built by the Apollo Group on 15 acres of prime land in Delhi leased for just ₹1, was meant to operate on a 'no profit, no loss' model. However, it has instead become a fully commercial enterprise, making treatment unaffordable for the poor.

IMCL’s counsel argued that the hospital is a joint venture, with the Delhi government holding a 26% stake and benefiting equally from its earnings. Justice Surya Kant criticized the situation, telling the council, "If the Delhi government is making a profit from the hospital instead of ensuring care for poor patients, it is truly unfortunate."

The bench pointed out that the hospital's 30-year lease, granted on prime land, was set to expire in 2023. It directed the Centre and the Delhi government to verify whether the lease had been renewed. The Supreme Court was hearing a plea from Indraprastha Medical Corporation Limited (IMCL) challenging a 2009 Delhi High Court order.

The High Court ruled that the hospital administration had blatantly violated its agreement by failing to provide free treatment to poor indoor and outdoor patients.The Supreme Court asked the Centre and the Delhi government to clarify what legal action had been taken regarding the hospital’s land if its lease had not been renewed. The court also requested details on the hospital’s total bed capacity and OPD records from the last five years.

"The affidavits must state how many poor patients were recommended and received free treatment in the past five years," the bench said. It also instructed the hospital to cooperate with the inspection team and provide all necessary records.

The court allowed the hospital administration to submit its affidavit if needed and scheduled the next hearing in four weeks. In 2009, the Delhi High Court ordered Indraprastha Apollo Hospital to provide 200 free beds (one-third of the total) for poor patients and ensure 40% of OPD patients receive free treatment.

The High Court also directed government hospitals to set up special referral centres for critical patients. Those needing urgent care were to be referred to Indraprastha Apollo Hospital for free treatment, including admission, surgery, and medicines.

This order was issued after a plea by the All India Lawyers' Union (Delhi Unit), represented by advocate Ashok Agrawal. The court mandated that referral records be made in triplicate, one copy for the patient, one for the health department, and one for the hospital.

Indraprastha Apollo Hospital was also ordered to advertise its free OPD services for 40% of patients inside the hospital and in public notices. Also, the High Court fined the hospital ₹2 lakh for delaying the case and making "frivolous objections" to avoid providing free treatment as per its lease agreement.

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