The Supreme Court on Tuesday issued a stern warning, stating that if Indraprastha Apollo Hospital fails to provide free treatment to underprivileged patients, the facility may be handed over to the All India Institute of Medical Sciences (AIIMS).

A bench comprising Justices Surya Kant and N Kotiswar Singh expressed serious concern over the alleged violation of the hospital’s lease agreement. Under the agreement, Indraprastha Medical Corporation Limited (IMCL), which runs the hospital, was obligated to offer free medical services to one-third of its indoor poor patients and 40% of its outdoor patients.

The court noted that the hospital, constructed by the Apollo Group on 15 acres of prime land in Delhi leased for a symbolic fee of Rs 1, was supposed to operate on a ‘no profit, no loss’ basis. However, it has allegedly become a commercial entity, making treatment unaffordable for the poor.

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

Justice Surya Kant, however, criticized the government’s stance, stating, “If the Delhi government is making a profit from the hospital instead of ensuring care for poor patients, it is highly unfortunate.”

The bench highlighted that the hospital’s 30-year lease was set to expire in 2023 and directed the Centre and the Delhi government to clarify whether it had been renewed. The court also sought information on:

• The hospital’s current bed capacity.

• The number of OPD patients treated in the past five years.

• The number of poor patients provided free treatment during this period.

The hospital administration has been directed to fully cooperate with the inspection team and furnish all relevant records.

The Supreme Court was hearing IMCL’s challenge to a 2009 Delhi High Court order, which had ruled that the hospital violated its agreement by failing to provide free treatment to poor patients. The high court had mandated that:

• One-third of the hospital’s beds (200 beds) be allocated to indoor patients receiving free treatment.

• 40% of OPD patients be treated free of charge.

• Special referral centers be set up in government hospitals to direct critical patients to Indraprastha Apollo Hospital for immediate and free treatment.

• The hospital prominently advertise its free OPD services.

Additionally, the high court imposed a Rs 2 lakh fine on IMCL for contesting the matter and raising frivolous objections to evade its obligation.

The Supreme Court has granted the hospital administration the liberty to file an affidavit in its defense and scheduled the next hearing in four weeks.