The Delhi High Court resent Amit Arora to Tihar jail on being clinically stable in the much disputed excise policy case.
The instant application under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of petitioner seeking appropriate directions in view of his deteriorating medical health conditions, thereby praying that he may be shifted to Arihant Hospital, from RML Hospital, Delhi for a period of six weeks.
The Senior Counsel appearing on behalf of the petitioner submits that the petitioner is constrained to approach this Court in view of his worsened medical condition despite him remaining continuously admitted in RML Hospital. It was stated on behalf of petitioner that he needs urgent medical attention due to recurrent vomiting, abdominal pain, nausea, and altered urine output, the petitioner’s condition has not shown any improvement even after more than 200 days of hospitalization. In fact, there has been a serious deterioration in the petitioner’s condition and continuous vomiting episodes have now increased to a range of 10-12 times a day as on date, as can be seen from the nursing record of the Hospital.
The Special Counsel appearing on behalf of the Directorate of Enforcement, on the other hand, argued that the present application is bereft of any merit since the medical condition of the petitioner is stable and he has been given proper and adequate medical treatment in RML Hospital over a period of several months. It is argued that as per the report of Medical Board constituted at RML Hospital, Delhi, the medical condition of the petitioner is clinically stable, and he can be discharged from the hospital and managed in judicial custody in Tihar Jail, and in case of any complaint, he can be referred to bariatric surgery department, AIIMS.
The opinion of Medical Board at RML Hospital is categorical, that the petitioner can be managed well within the Tihar Jail. Also, there is no surgical intervention of any sort which is required at this stage. During the course of arguments, it had been repeatedly argued on behalf of the petitioner that he had been vomiting continuously; however, the medical status report referred hereinabove mentions that the same can be managed through oral medications.
A Single Bench of Justice Swarna Kanta Sharma noted that “In the present case, a perusal of record reveals that the petitioner has remained in the remand of ED and in jail due to his judicial custody for a period of about 115 days, on interim bail for a period of about 72 days, remained admitted in a private hospital in judicial custody for a period of 93 days, and has been admitted in the RML Hospital, New Delhi where he remains under judicial custody for a period of about 240 days approximately i.e. since 07.09.2023.”
“During this entire period of time, he has also had the benefit of meeting his family members since one of the conditions imposed by this Court while allowing him to be admitted in Hospital, in custody, was that his wife and children could meet him in hospital on a daily basis. Therefore, in these circumstances, and taking into account the medical reports submitted by RML Hospital, this Court directs that the petitioner be sent back to Tihar Jail” the Court observed.
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