HC questions Delhi govt logic not to take over 150-bed closed down private hospital

The Delhi High Court on Thursday questioned the logic behind Delhi government's decision not to use a 150-bed multi-speciality hospital, closed down due to insolvency resolution process against its parent company, when its services and that of its medical team were being offered by the doctor who established it.

The high court exhorted the Delhi government to "think out of the box" in view of the severe second wave of Covid-19 pandemic as "we are not in normal times" and there was a shortage of beds for patients in the national capital.

"150 beds are there. We are struggling to find beds everyday. We are fighting for it everyday and you are saying you will not touch it (hospital). We do not understand the logic here," a bench of Chief Justice D N Patel and Justice Jasmeet Singh said to the Delhi government.

The court further said, "The water has already gone over our heads. He (petitioner-doctor) is offering his hospital, he is ready to bring in his medical team, what else can you ask for?"

Delhi government standing counsel Santosh K Tripathi said the hospital was not functional at the moment and the government has no policy to take over a private hospital.

"We are not in normal times. You have to think out of the box. How can you let go of a 150-bed hospital? You do not have to spend any money. He is bringing his own team of doctors. Impose any condition on him," the court said and asked the Delhi government to file a reply by the next date of hearing on May 12.

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The court said the reply will contain the conditions that need to be imposed on the petitioner with regard to running of the hospital.

The bench was hearing a plea by Dr Rakesh Saxena seeking permission to operate the Febris Multispeciality Hospital to cater to Covid-19 patients in the national capital during the prevailing pandemic.

Saxena, who set up Febris Multispeciality Hospital under the parent company Durha Vitrak Pvt Ltd, said that considering the serious situation in the national capital -- grappling with a huge surge in Covid-19 infections and shortage of beds, oxygen and medicines -- his hospital be used to help people.

He has said the Centre or Delhi government can take over the hospital closed since 2019 and use the facilities there for Covid-19 patients.

In his petition, he has urged the court to direct renewal of the license of the hospital in view of the prevailing emergent situation on the ground.

The corporate insolvency resolution process was initiated against the company on an application filed before the National Company Law Tribunal by the LIC Housing Finance Ltd, a creditor of Durha Vitrak Pvt Ltd.