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Supreme Court while hearing a plea seeking Financial Assistance from PM CARES and CM Relief Fund, orally remarked “Citizens cannot claim reimbursement as a Matter of Right under Article 21”. Taking a compassionate view, the bench agreed to talk to the concerned Hospital.

A Division Bench of Justice L. Nageswara Rao and Justice Aniruddha Bose, while hearing the matter said,

“Tell us what is your Right, that the entire amount you are spending in a Private hospital, you have come to seek reimbursement from the Government.”

On the Counsel submitting that Article 21 Right To Health allows him to do so, Court disagreed saying that citizens cannot claim reimbursement as a Matter of Right – “You imagine the amount of danger we will put on ourselves if we issue notice in this, this will be only work we will be doing then.”

The bench intended to say that if Notice is issued in the given plea, there will be hundreds of petitions claiming similar relief.

It was informed by the Counsel that 3 Lakhs from PM CARES and 2 Lakhs from the CM Relief Fund was already released, however, the same could not meet the requirements of the Petitioner.

On the petitioner submitting that a large amount of money has already been spent during post-COVID treatment, the present plea demands Court’s indulgence, the bench said,

“What is this argument? You are arguing in a Civil Court or a Constitutional Court? You are saying look I have spent money, now I need reimbursement”

Answering Court’s query on what is the status of Petitioner’s husband as of now, the Counsel said, “He is currently on ECMO - in a Hospital in Hyderabad with an expense of 1.45 lakh per day. We have approached every authority. We have disposed all our property. It is not that we are sitting idle. The entire estimate for Transplant is about 1 Crore”

The bench while posting the matter on Tuesday said, “Our sympathies are with you. We want to help. Serve the respondents. We will try talking to the Hospital.”

No notice was issued upon the Government.

Petitioner Sheela Mehra has moved Supreme Court seeking release of approximately One crore from PM Cares and State CM Relief Funds as financial assistance to her stating that she has already exhausted all savings over her husband’s post-Covid treatment and now she needs help to get him a lung transplant without which he will lose his life.

Case Title: Sheela Mehra v. Union of India