New Delhi [India], The Delhi High Court has constituted a medical board to evaluate the medical condition of businessman Amit Katyal, said to be a close aide of former Railway Minister Lalu Prasad Yadav.
He recently moved the court seeking interim bail on medical grounds in a money laundering case related to the land-for-jobs scam case.
A bench of Justice Vikas Mahajan, in an order passed on June 7, asked the director of the All India Institute of Medical Sciences (AIIMS) to constitute a medical board of doctors with a minimum of three different specialties, keeping in mind the nature of the petitioner's ailments. To evaluate the medical condition of the petitioner it is said that he is suffering.
The jail superintendent is directed to hand over all the medical records of the petitioner to the medical board of doctors constituted on or before June 11, the court said.The Court further said that, in the absence of expert opinion, it is difficult for the Court to come to a conclusion as to whether this is a case of granting interim bail on medical grounds.
The Court cannot play the role of an expert and the Court cannot make its own assessment regarding the medical condition of the petitioner on the basis of the medical records kept on file.
Also, on humanitarian grounds, the medical condition of the petitioner as revealed from the medical condition report cannot be rejected in view of the fact that there is material on record to show that the petitioner is a heart patient and has undergone bariatric surgery. Recently there are other diseases besides this.
Senior advocates Kapil Sibal and Vikas Pahwa, appearing for Amit Katyal, said that the record of the case shows that the petitioner is not well and is sick and infirm.It was submitted that the petitioner has undergone bariatric surgery in April, 2024 and he requires special diet and proper care for his recovery. It is further stated that the petitioner is constantly vomiting and thus his energy remains low all the time and he is unable to fulfill his daily needs and the medical status report also reveals the same.
Appearing for the ED, the special counsel submitted that the conduct of the petitioner deprives it of any relief, because before the trial court, the ED had obtained an independent medical opinion on the condition of the petitioner when it sought interim bail. There was a demand for extension. , from Ram Manohar Lohia Hospital and Deen Dayal Hospital, Delhi to submit that the petitioner was hiding his actual medical condition.
He further told the High Court that the trial court, while disposing of his plea seeking extension of interim bail, observed that the accused has been allowed normal activity and has recovered from the bariatric surgery conducted on him.As an argument, he submits that the order dated April 30, 2024 has not been challenged by the petitioner and has become final. He also pointed out that certain relief and facilities in the form of prescribed medicines, prescribed diet and consultation with his doctors through video conferencing at Medanta Medicity were given to the petitioner by order dated May 1, 2024.
Katyal was arrested by the Enforcement Directorate on November 11, 2023, after the ED alleged that Katyal had obtained land from several job seekers on behalf of the RJD chief when he was the Railway Minister in the UPA 1 government.
He recently moved the court seeking interim bail on medical grounds in a money laundering case related to the land-for-jobs scam case.
A bench of Justice Vikas Mahajan, in an order passed on June 7, asked the director of the All India Institute of Medical Sciences (AIIMS) to constitute a medical board of doctors with a minimum of three different specialties, keeping in mind the nature of the petitioner's ailments. To evaluate the medical condition of the petitioner it is said that he is suffering.
The jail superintendent is directed to hand over all the medical records of the petitioner to the medical board of doctors constituted on or before June 11, the court said.The Court further said that, in the absence of expert opinion, it is difficult for the Court to come to a conclusion as to whether this is a case of granting interim bail on medical grounds.
The Court cannot play the role of an expert and the Court cannot make its own assessment regarding the medical condition of the petitioner on the basis of the medical records kept on file.
Also, on humanitarian grounds, the medical condition of the petitioner as revealed from the medical condition report cannot be rejected in view of the fact that there is material on record to show that the petitioner is a heart patient and has undergone bariatric surgery. Recently there are other diseases besides this.
Senior advocates Kapil Sibal and Vikas Pahwa, appearing for Amit Katyal, said that the record of the case shows that the petitioner is not well and is sick and infirm.It was submitted that the petitioner has undergone bariatric surgery in April, 2024 and he requires special diet and proper care for his recovery. It is further stated that the petitioner is constantly vomiting and thus his energy remains low all the time and he is unable to fulfill his daily needs and the medical status report also reveals the same.
Appearing for the ED, the special counsel submitted that the conduct of the petitioner deprives it of any relief, because before the trial court, the ED had obtained an independent medical opinion on the condition of the petitioner when it sought interim bail. There was a demand for extension. , from Ram Manohar Lohia Hospital and Deen Dayal Hospital, Delhi to submit that the petitioner was hiding his actual medical condition.
He further told the High Court that the trial court, while disposing of his plea seeking extension of interim bail, observed that the accused has been allowed normal activity and has recovered from the bariatric surgery conducted on him.As an argument, he submits that the order dated April 30, 2024 has not been challenged by the petitioner and has become final. He also pointed out that certain relief and facilities in the form of prescribed medicines, prescribed diet and consultation with his doctors through video conferencing at Medanta Medicity were given to the petitioner by order dated May 1, 2024.
Katyal was arrested by the Enforcement Directorate on November 11, 2023, after the ED alleged that Katyal had obtained land from several job seekers on behalf of the RJD chief when he was the Railway Minister in the UPA 1 government.
