No relief for Cardiologist: Supreme Court denies bail in PMJAY Botched Angioplasty Case

Also read- PMJAY Botched Angioplasty Case: Court denies bail to Khyati Hospital Director

Medical Dialogues had earlier reported that last year in November, two patients, who attended a free medical camp organized by Khyati Hospital under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY), passed away due to postoperative complications following Angioplasty procedures.

This incident caused widespread outrage as an angioplasty was performed at the hospital on 19 patients, and two of them died, while 5 others were kept on a ventilator. These 19 people were brought to Khyati Hospital by ambulance for treatment after they attended the free health checkup camp in Borisna village of Kadi taluka on November 10. Around 80 to 90 people were examined at the camp.

Following this, three FIRs were registered, two at the behest of the kin of the deceased and one by a doctor from the Government-appointed panel. During the investigations, it was revealed that the hospital performed unnecessary angioplasty procedures on several PMJAY cardholders just to siphon off government money. The inquiry committee constituted by the State government in its preliminary probe found that the deceased did not require the heart procedure.

The petitioner, a cardiologist, is charged under Sections 105 and 61 of the Bharatiya Nyaya Sanhita (BNS), 2023, among others. The Gujarat High Court earlier noted that the deaths were not natural and pointed to the misuse of the government health scheme.

During the hearing, the division bench of Justice J.K. Maheshwari and Justice Vijay Bishnoi noted, "The report of the medical board contends that for these persons, angioplasty was not suggested, even then you called everyone for angioplasty, taking money under the government scheme, so you defrauded not only those persons, you defrauded the government also."

Senior Advocate Maninder Singh, representing the doctor, argued that the doctor did not organise the camp and that the main accused is someone else involved in the hospital management. He also pointed out that six out of eight accused in the case had already been granted bail.

"Three accused out of eight were granted bail by the High Court...only to inform you. Main allegation is the conspiracy between my client and the management of the hospital," said Singh.

However, the judges remained unconvinced. On this, Justice Maheshwari said, "No, you are the main person...you are the Cardiologist. One point is that you are a Cardiologist. But you see what you did. You hold a medical camp...you convince everyone to come for angioplasty, even though angioplasty was not required. The report of the medical board contends that for these persons, angioplasty was not suggested, even then you called everyone for angioplasty, taking in money under the government scheme, so you defrauded not only those persons, you defrauded the government also. 19 persons from one village..."

In response to this, Singh said, "My client was never in the camp. The camp is done by other Doctors of the Hospital. Khyati Hospital...six out of the eight accused are the main masterminds, are granted bail and five other directors of the management. Rahul Jain is the main person and has been described as the mastermind by the prosecution, and the Doctor was never part of the camp."

Conversation in detail

As per the Verdictum media report, Justice Maheshwari suggested that the lawyer could withdraw the plea and instead file for bail again in the High Court.

However, the Singh further argued, "Except the petitioner, six out of the eight of the management were granted bail."

The Bench said, "We are granting you liberty to take the matter before the High Court...but we are not inclined in this case...this is the case of murder of 19 persons."

Singh, however, submitted that seven out of nineteen persons underwent angioplasty and that there are one twenty five witnesses in the case and that the challan has been filed in the case.

"Otherwise, we are always in professionals' favour. Always", Justice Maheshwari remarked.

Singh tried to clarify further that his client wasn’t part of the medical camp, and the hospital had organised it. He added that the doctor didn’t gather or bring in any of the patients.

The Court asked, "Where was the angioplasty done? Were you part of that hospital or not?"

Justice Maheshwari said, "We do camp in the name of my mother...I know how it is to be done. It is not a case were we can..."

Singh submitted, "Six out of eight are on bail, the Lordship may permit my client to withdraw. It is only a factual position that three were granted bail only yesterday."

The Court further clarified that "if you are insisting on the court recording the fact that others have been granted bail, it would be compelled to also say that though others have been granted bail, it is not inclined to grant bail in this case."

In the end, the doctor withdrew his plea and was granted the liberty to approach the High Court for bail again. The Supreme Court clarified that any future application before the High Court should be considered independently and not be affected by Wednesday’s dismissal.

Also read- Khyati Hospital Chairman denied bail in PMJAY Fraud case, Court cites Rs 8 crore misuse