Doctor Withdraws Bail Plea After Apex Court Slams Deceitful Use of Govt Health Scheme
New Delhi – The Supreme Court on Wednesday refused to grant bail to a Gujarat-based cardiologist accused of performing unnecessary angioplasty procedures under the Pradhan Mantri Jan Arogya Yojana (PMJAY), calling it a case of not only medical malpractice but also government fraud.
The accused doctor had challenged the Gujarat High Court’s decision denying him bail. However, a bench of Justice J.K. Maheshwari and Justice Vijay Bishnoi dismissed the Special Leave Petition (SLP), stating that the allegations against the cardiologist were serious and involved defrauding both patients and the government.
“You Defrauded the Government and the People”
“You are a cardiologist. You organised a medical camp, convinced people to undergo angioplasty even though they didn’t need it, and took money under the government scheme,” the court observed sternly, referring to a report by the State Medical Board that found angioplasties were not recommended for the patients involved.
The Court noted that 19 individuals from a single village were brought to Khyati Multispecialty Hospital, and underwent angioplasty, of whom two later died due to postoperative complications, and several others were placed on ventilators. Investigations revealed the procedures were unnecessary and part of a scheme to siphon government funds through the Ayushman Bharat program.
Petitioner Argues Innocence, Blames Hospital Management
Senior Advocate Maninder Singh, appearing for the cardiologist, argued that his client did not organise the camp, nor did he bring in the patients, and pointed to six of the eight accused already being granted bail, including senior management figures.
However, the bench was unconvinced. “No, you are the main person… you are the cardiologist. You performed the procedures,” Justice Maheshwari remarked, adding, “This is not a case we can ignore; it involves the murder of 19 persons.”
Despite the submission that the doctor did not attend the camp and was not the mastermind, the bench remained firm. The Court reiterated that being a medical professional comes with responsibility, and the misuse of government schemes through unnecessary surgeries is a serious ethical and legal violation.
Doctor Withdraws Petition, May Approach HC Again
After strong observations by the court, the petitioner withdrew the bail plea, with liberty to approach the High Court again. The Supreme Court noted that any future application before the Gujarat High Court should be considered independently, unaffected by the current rejection.
The case stems from a November 2023 incident where 19 patients underwent angioplasty following a free health camp held in Borisna village, Kadi taluka. The incident triggered three FIRs — two by the kin of deceased patients and one by a doctor on the government-appointed inquiry panel.
The cardiologist is charged under Sections 105 and 61 of the Bharatiya Nyaya Sanhita (BNS), 2023, among other serious offences.
Apex Court Upholds Medical Accountability
Justice Maheshwari summed up the court’s stance: “We are always in favour of professionals… but this is not such a case.” The bench’s remarks underscore the judiciary’s firm approach towards protecting public health and preventing misuse of national health schemes, particularly when lives are lost due to avoidable and unethical medical interventions.
