The government has argued in the apex court that the high court judge, while hearing a bail petition, went beyond his jurisdiction by calling for the ACB's closure reports and questioning its conduct.The Delhi High Court Monday ordered Delhi Police to respond to a petition alleging that Max Super Speciality Hospital Patparganj and an interpreter assigned to a Yemeni couple and their child, who was treated at the hospital in April and May, fleeced them and withheld their passports, preventing them from returning to their country.
Taking note of a complaint sent by Yemen’s embassy in India to Delhi Police last month, Justice Yashwant Varma asked SHO Madhu Vihar to respond to the petition and listed the matter for hearing on July 15. “The court also takes cognizance of the serious complaint which has been made by the Embassy of the Republic of Yemen on June 10, 2022,†said the court, while asking for the status of the complaint.
Mahfoodh Qasem Ali Amer Al Garadi has sought a direction for return of the passports of his wife and infant son. He has also prayed for the constitution of a medical board to ascertain the present medical condition of his child, who has been operated twice at the hospital.
During the hearing, a counsel representing the hospital submitted that it is not in possession of the passports of the wife and child of the petitioner.
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The court observed that it was not clear whether passports have been withheld by the hospital or interpreter. The counsel representing the petitioner said that the interpreter was assigned by the hospital. The counsel representing the hospital said that she is not their employee and had first taken them to some other hospital.
The court observed: “Don’t worry, we will fix your medical tourism.†When the hospital counsel submitted that they are not even charging for the cab, Justice Varma asked why the hospital would charge for a cab when it was taking 7,500 dollars from the patient’s family.
“You are performing a lot of surgeries. Perform them till Friday,†quipped the court.
In the complaint sent by the embassy to Max hospital on June 10, it was alleged that the patient was to be treated with the estimated cost of around 7,000-7,500 US dollars but his parents have been made to pay double the amount. The complaint alleged that the hospital and interpreter Lubna Alysed did not provide any bills for the same, and also the passports of the mother and child have not been returned.
According to the complaint, the hospital, in an earlier correspondence, had confirmed that Alysed will be blacklisted since she had allegedly cheated another Yemeni patient earlier. The Yemen embassy also had sent a complaint to the police in this regard.
The petition states that the child was suffering from a congenital defect and the family travelled to India in April for the treatment. The patient was admitted on April 14 and the first surgery took place on April 20. However, the child in May was again admitted to the hospital due to his health where he underwent second surgery. The petition alleges that a huge amount of money was taken from them by the hospital and the interpreter when the child was admitted.
“As the petitioner had drained out financially and had no money to pay towards the exorbitant demands of the hospital and interpreter, he requested the hospital to discharge the infant patient,†reads the petition, adding that he was however made to pay more than 3,000 US dollars at the hospital counter and given leave against medical advice.
The petition further alleges that the passports of the mother and child were taken on May 17 on the pretext of some formalities. It was then that the family took the matter to the embassy. According to the petition, after much follow up by the embassy and the family, some bills were given in June.
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