'Farishtey Dilli Ke' Scheme | Supreme Court Seeks LG's Affidavit; Warns Delhi Govt Of Costs If Minister Is Found To Have Misled Court

While hearing the Delhi government's plea for the immediate disbursement of funds for its flagship 'Farishtey Dilli Ke' scheme, the Supreme Court on Friday (January 5) was told by Lieutenant Governor VK Saxena that he is not involved in the scheme extending cashless medical treatment for road accident victims. The government, led by the Aam Aadmi Party (AAP), has however alleged that the funds were stopped after the Centre's new law on the control of services in the national capital.

Responding to these conflicting narratives, the top court yesterday sought a response from the lieutenant governor, cautioning the government that it would impose exemplary costs if it is found out that the Health Minister had taken the court for a ride.

A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a writ petition filed by the Government of National Capital Territory of Delhi (GNCTD) urging the court to intervene in the prolonged suspension of the 'Farishtey Dilli Ke' scheme. This flagship initiative, designed to provide free medical treatment to victims of road accidents, has faced a standstill for over a year due to outstanding bills. The plea filed with the court also seeks punitive actions against officials held responsible for the scheme's suspension.

On the last occasion, Senior Advocate Dr. Abhishek Manu Singhvi, representing the Delhi government, expressed deep concern during the court proceedings, stressing the urgency of the outstanding payments. Singhvi also raised questions about the jurisdictional aspect, challenging the involvement of Delhi's lieutenant governor (LG) in the health department.  

During the hearing yesterday, Senior Advocate Sanjay Jain, representing Delhi LG, contended that the issue was incorrectly being depicted as a dispute between two wings of the government, i.e., the lieutenant governor and the council of ministers. He argued, "This was not a council of ministers versus lieutenant governor issue. This scheme was governed by a society which has in a recent meeting decided to release pending funds."

In response to the law officer's statement that the funds have been resolved to be released, Justice Gavai said, "Then we will dispose of the petition. File an affidavit saying that you are going to release the funds. That will be the end of the matter."

The judge also remarked, "Ask the lieutenant governor to not make every issue a prestige issue."

Protesting, ASG Jain alleged that the lieutenant governor was not involved at all in the matter -

"This is what I wanted to point out. This is a society headed by the health minister. It is the health minister who conducted the meeting and released the funds. This is why I was very surprised that this was brought to this court in this manner. Petitioner has used this honourable court's forum to agitate something. It's a classic case of a storm in a teacup. Much ado about nothing. There is nothing in this matter."

"File an affidavit to that effect. If we find that the minister has taken us for a ride, then we will impose exemplary costs," Justice Gavai responded, but Singhvi, who was appearing on behalf of the GNCTD, requested the judges to make these observations after being apprised of their version of events, placed on oath. "Your Lords may make these observations after I file a reply."

With a direction to file the affidavit in two weeks, the bench adjourned the hearing after this brief exchange.

Background

The 'Farishtey' scheme, a cornerstone of the AAP Government's welfare initiatives, aimed to deliver free, cashless medical treatment to victims of road accidents in both government and private hospitals. However, the scheme came to an abrupt halt due to unresolved payments, affecting around 23,000 road accident victims.

The Delhi Government, in its plea to the Supreme Court, outlined the scheme's de facto inactivity for over a year, attributing the predicament to outstanding payments totaling Rs. 7.17 Crores for 42 private hospitals. The plea highlighted the dire consequences on medical assistance for accident victims, leading to loss of lives in the absence of timely and effective treatment.

Despite directives from the Health Department of the Government of National Capital Territory of Delhi (GNCTD) regarding the clearance of pending bills for private hospitals, officials responsible for the delay failed to take corrective action, according to the plea. The petition consequently has sought disciplinary action against these officials, asserting that their 'illegal insubordination' had resulted in loss of lives and rendered the elected Government's directives meaningless.

The plea further emphasised the Delhi government's restricted authority, citing the 2023 amendment to the Government of National Capital Territory of Delhi Act, 1991. As per the amendment, only the LG, either acting on the recommendation of the National Capital Civil Services Authority or at his sole discretion, possesses the power to initiate action against defaulting officials. This legal constraint, the plea contends, has hindered the Delhi government's efforts to revive the 'Farishtey' scheme, with the chief minister's written appeal receiving no response from the LG.

Case Details

Government Of NCT Of Delhi v. Office Of The Lieutenant Governor Of NCT Of Delhi And Ors. | Writ Petition (Civil) No. 1352 of 2023