Wife Seeks Aid For Husband's Treatment; Hospital Offers 15% Discount; Supreme Court Asks Petitioner To Apply Under National Policy

A Division Bench comprising Justice Nageswara Rao and Justice BR Gavai observed that they can do no better than permit the Petitioner to make a representation to Respondents 1-5 for financial assistance which may be considered. The 5 Respondents include the Union of India, PM CARES Fund, PM National Relief Fund, State of Madhya Pradesh, CM Relief Fund and Krishna Institute of Medical Sciences

During the hearing, the Bench stated that a recent newspaper report referred to a National policy that has been formulated by the Government in 2021 for some special diseases where there is a fund involved.

Elaborating on the newspaper article, Justice Nageswara Rao said that " The policy was to the effect that there was a boy who needed finance. The Kerala High Court passed some order and people contributed money and collected a large amount. But the boy died. So question was that what will be done with the amount. So then in that connection, it was written that money is to be transferred to this fund, under policy of 2021."

"You apply to the Government under that policy. You are only asking for consideration of your representation, and if you are entitled to it you will get it." the Bench told the petitioner Counsel.

On last occasion, Supreme Court had asked the hospital where petitioner's husband is admitted to considering if the estimated cost of the procedure can be reduced. The Bench had clarified that they were not giving any direction to the Hospital but only asking them to consider if something can be done.

Today, Advocate Srinivas Rao appearing for the Hospital informed the Court that the hospital authorities have agreed to offer a discount of 15 % on the petitioner's final bill.

The Bench remarked that it had thought that the hospital would be a little more benevolent .

"What is 15% Mr Rao, it is such a big hospital. Anyway we won't hold this against you. We will say they can make a representation." Justice Nageswara Rao said.

The Bench was hearing a wife's plea filed seeking the release of approximately 1 crore from PM Cares & State CM Relief Funds as financial assistance for getting her husband a lung transplant after having exhausted her savings over his post- Covid treatment.

In the present case, owing to the unavailability of ECMO machine in Bhopal, AIIMS, the petitioner's husband was airlifted through air ambulance and admitted to KIMS Hospital, Secunderabad , Telangana.

On previous occasion, Supreme Court had orally remarked that although it had told the petitioner that nothing could be done in the present matter, it nevertheless issued notice on August 6, 2021, to see if something could be done from the Union's end.

"We have already told the petitioner that nothing can be done but we had only served to see if something could be done from your end. We'll direct for serving a copy to you and hear the matter tomorrow," Justice LN Rao had said to Solicitor General Tushar Mehta.

It was argued that the petitioner was entitled to relief on the basis of equity, justice and good conscience and that she had a legitimate expectation of help from the Government in a situation of financial distress for saving the life of her husband.

"Not providing necessary financial assistance to save life of the husband of Petitioner is violative of Article 14 and 21 of the Constitution of India and the same can be construed as inaction on part of the State in providing adequate health care to the citizens, particularly during the prevailing Covid-19 situation," the plea stated.

Mehra in her plea has averred that she herself physically visited the Prime Minister's Office with an application seeking grant from PM Cares fund and PMNRF for defraying medical expenses of her husband, However, the staff at the counter did not take the application as the same was not accompanied by a recommendation letter from the Member of Parliament of her constituency.

She has further averred that the staff at the counter told her that a recommendation letter from the M.P. of her constituency was a mandatory document for processing the application.

"PM Cares Fund is a national endeavour to provide relief to the persons in a distress situation. The disbursement out of the said fund has to be done on a need basis and as per the Deed of trust which governs the fund. However, the said discretion has to be exercised in a reasonable manner and after proper application of mind. The case of the Petitioner is a fit case where disbursement ought to have been made by Respondent No.2," plea further stated.

The plea has placed reliance on the Top Court's judgement in Centre for Public Interest Litigation v. UoI, 2020 SCC Online SC 652 wherein it was held that the primary objective of dealing with any kind of emergency or distress situation, like posed by the COVID-19 pandemic, and to provide relief to the affected.

Case Title: Sheela Mehra v Union of India and Ors