Punjab Not Intending To Comply With Directions To Disclose Funds Spent On Advertisement: High Court Asks State To Respond

The Punjab & Haryana High Court observed that the Punjab Government does not intend to comply with the directions to provide details on expenses incurred by the State on publishing advertisements in print and audio-video media, expenses incurred on the renovation of the houses of Ministers, MLAs, money spent on litigation at Delhi High Court and Supreme during the period, December 2021 till September 2024.

The development came after the Court found that "no satisfactory explanation" was put forth by the Punjab Government on why, despite the funds having been received from the Government of India, dues of over Rs.500 crores were not paid to hospitals under Ayushman Bharat scheme.

Justice Kuldeep Tiwari noted, "The reasons, which have been mentioned in the affidavit (submitted by Punjab Government) reflect that the State of Punjab does not have any intention to make compliance to the directions."

The judge further noted that on asking the Advocate General, Punjab, whether, he is still ready and willing to make compliance with the direction, he sought, "yet another opportunity to have instructions from the quarter concerned in this regard."

These observations were made while hearing the plea of several hospitals in Punjab seeking the release of pending dues from the state government under the Ayushman Bharat Scheme. It was contended that notwithstanding the bills to the tune of more than Rs.500 crores are pending with the State and the liability having been acknowledged by them, only an amount of Rs.26 crores approximately was released by the State.

In September a co-ordinate bench while hearing the matter had sought details on funds spent by the State Government to examine as to whether the funds received for any specific purpose were being misapplied or misutilized or not.

In the last hearing, the Court had sought a personal affidavit from the Principal Secretary, Finance on disclosing the reasons for not making compliance to the directions passed by the Court in September.

It had also opined that prima facie the Principle Secretary had already committed contempt of the Court by not complying with the order.

In the present hearing, the Court noted that a fresh affidavit was submitted by the Punjab Government but the compliance of the order passed in September has not been made and reasons for non-compliance have been provided.

On request of AG Punjab to provide time to seek instructions on the same, the Court listed the matter for February 14.

While adjourning the case, the Court said, "The information shall be provided to this Court regarding the intent of the State of Punjab whether they are ready and willing to make compliance of order (supra) positively by the next date of hearing."

 Justice Tiwari also directed the petitioners to inform the Court "by filing an affidavit of the petitioners regarding the amount due towards the State of Punjab under the instant scheme."

Title: INDIAN MEDICAL ASSOCIATION PUNJAB AND OTHERS V/S STATE OF PUNJAB AND OTHERS

Mr. D.S. Patwalia, Sr. Advocate with Mr. A.S. Chadha, Advocate for the petitioners.

Mr. Gurvinder Singh, Advocate General, Punjab with Ms. Arunadhati Kulshreshtha, AAG Punjab.

Mr. B.S. Kanwar, Sr. Panel Counsel for respondent No.2.

Mr. Akshay Bhan, sr. Advocate assisted by Mr. A.S.Talwar, Advocate for respondent No.3.

Mr. Satya Pal Jain, Addl. Solicitor General of India with Ms. Gurmeet Kaur Gill, Sr. Panel Counsel for respondent Nos.4 and 5.

Mr. IPS Kohli, Advocate and Mr. Sidharth Maini, Advocate for the respondent.

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