The Supreme Court on Wednesday initiated formal contempt of court proceedings against Yatharth Hospital for filing an “ex facie false” affidavit claiming that it had not received a notice issued by the Court. [Union of India v. Moolchand Khairati Ram Trust]
A Bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar passed the order in proceedings concerning the obligation of private hospitals allotted government land at concessional rates to provide free treatment to patients from economically weaker sections (EWS).
Yatharth Hospital claimed that it learnt about the court proceedings only through informal communication and industry peers, and not through formal service of notice by the Court.
However, the Bench found that this assertion was contradicted by the Court’s office report dated April 22, which clearly recorded that the notice had been served.
Thus, the Court drew up formal contempt of court proceedings against the hospital through its Medical Superintendent and directed a reply to be filed within one week.
During the hearing, the Bench sharply criticised the hospital for disregarding a Supreme Court notice.
“All 52 hospitals received notice. This is not the way court notices are to be responded to. Sorry, but you (Yatharth Hospital) will have to be sent behind bars; jail is the only place for you. You are not responding to a notice issued by the Supreme Court. How will you treat patients belonging to the EWS? Look at the arrogance of this hospital. Sorry, we are not ready to accept this. You have to be sent to jail,” the Court said.
The proceedings arose from a 2018 Supreme Court judgment requiring private hospitals that received government land at concessional rates to provide completely free treatment to 25 per cent of their outpatients and 10 per cent of their inpatients belonging to the EWS category.
In February 2026, the Court found that strict action had not been taken against hospitals violating the judgment. It also criticised the Delhi government, Delhi Development Authority (DDA), Land and Development Office and Municipal Corporation of Delhi for treating the matter casually.
Following this, the Court issued contempt notices to 51 hospitals, including Yatharth Hospital, asking why contempt proceedings should not be initiated against them and why the concessions granted to them should not be withdrawn.
On May 13, the top court had directed the amici curiae, government authorities, and the noticee hospitals to hold joint meetings until an effective Standard Operating Procedure (SOP) for implementing the 2018 judgment was prepared.
Today, the Court was told that a revised SOP for enforcing the EWS treatment requirement had been filed, although only 12 hospitals participated in the consultation process.
Senior counsel appearing for several hospitals sought permission to file their responses. The Court allowed the request and listed the matter for further hearing on September 30.
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