Authority: Supreme Court of India

Order Date: 09-09-2026

Case Overview

  • Parties: Union of India (Petitioner) vs Moolchand Khairati Ram Trust (Respondent); Yatharth Hospital is Respondent No. 32.
  • Origin: Miscellaneous Application No. 1187/2019 arising from impugned final judgment dated 09-07-2018 in C.A. No. 3155/2017.
  • Interlocutory Applications listed: IA No. 139051/2026, IA No. 90622/2026, IA No. 122298/2026, IA No. 142705/2026, IA No. 60637/2026, IA No. 230248/2026, with Diary No. 47165/2026 (XIV‑A).
  • Bench: Hon'ble Mr. Justice Prashant Kumar Mishra and Hon'ble Mr. Justice Shree Chandrashekhar.
  • Amicus Curiae: Senior Advocates Sanjay Jain and Ninad Laud.

Court Directions

1. Respondent No. 32, Yatharth Hospital, was issued notice to explain why contempt proceedings may not be initiated and why its Medical Superintendent may not be sent behind bars.

2. The hospital, through its Medical Superintendent, filed an affidavit stating it had not received any notice nor been called to appear before the Court.

3. The affidavit further claimed the hospital learned of the pendency only through informal communications and industry peers, not via formal service as directed by the Court.

4. The Court referred to an office report dated 22.04.2026, which confirmed that notice had been served on Yatharth Hospital, rendering the affidavit ex‑facie false and mala fide.

5. Accordingly, the Court formally drew contempt proceedings against Yatharth Hospital, appointing Dr. Sushil Kumar Srivastava, Group Head (Legal), as the authorized representative.

6. The hospital must submit a reply to the contempt proceedings within one week.

7. Amici Curiae filed the Revised Delhi EWS Free Treatment Standard Operating Procedure (SOP) 2026, noting that only 12 hospitals participated in its consultation.

8. Senior counsels for several hospitals requested time to examine the revised SOP and propose suggestions.

9. The Court directed that a single unified document of suggestions be filed through Mr. Mrigank Prabhakar (AOR, contact 9953068680) on behalf of all hospitals, so that the revised SOP can be finalized at the next hearing.

10. The matter was listed for further hearing on 30.09.2026.

Final Outcome

  • Formal contempt proceedings have been initiated against Yatharth Hospital; a reply is required within one week.
  • A unified set of suggestions to the Revised Delhi EWS Free Treatment SOP 2026 must be filed through Mr. Mrigank Prabhakar before the next hearing.
  • The next hearing is scheduled for 30‑09‑2026, where the SOP is expected to be finalized.

Topics: Contempt Proceedings, Healthcare Regulation, Judicial Orders