HC asks amicus curiae to file detailed affidavit

Mumbai, Aug 31 (UNI) The Bombay High Court today directed amicus curiae, Adv Jamshed Mistry, to file a detailed affidavit regarding a Bombay Hospital case wherein a labourer's daughter was treated for lukaemia but not discharged since the medical expenses had not been cleared.

The hospital had, however, earlier assured to treat the girl free of charges.

A division bench comprising justices R M Lodha and S A Bobde had issued show-cause notices to the dean of the hospital and secretary of Public Health Services on August 17.

Today Adv Mistry contended that as per this court's judgement in the matter of charity hospitals, the hospital had to bear the expenses of the girl's treatment and credit the charges to the ''poor patients fund'' account. The order held while that girl was in the hospital for treatment and thus the hospital had no right to detain her for the payment.

Following this contention, the court directed him to file a detailed affidavit within two weeks and also directed the hospital to file a rejoinder within the following two weeks. The case will come up for further hearing on September 28.

UNI ARM MAZ RL GC2145