New Delhi, The Delhi High Court has refused to grant interim bail to Hyderabad businessman Arun Ramchandran Pillai, who is in judicial custody in a money laundering case related to the alleged Delhi Excise scam , noting that he is receiving adequate medical treatment in prison.
Pillai, who asked to be released on interim bail on medical grounds, said his family has taken advice from Ayurvedic doctors who have opined that he needs to be admitted to an Ayurvedic center to undergo a 21-day “panchkarma therapy” and a additional rest of 21 days. days.
The apex court said: "Without commenting on the effectiveness of Panchkarma treatment in respect of back pain, suffice it to say that the applicant should follow the treatment advice of the doctor and even thereafter, if he does not get relief, and then, if so advise". , he would be free to apply to explore the alternative remedies of ayurveda/panchkarma treatment etc.”
A vacation bench of Justice Ravinder Dudeja noted that none of the medical reports even remotely indicate that Pillai is suffering from any life-threatening illness or that treatment for such illness is not available at the referral hospitals.
“So far, I do not find any justification for granting bail to the complainant (Pillai). Consequently, the appeal is dismissed. Needless to say, the jail authorities will continue to provide necessary medical care to the accused as per the doctor's advice,” the judge said.
Pillai, who was arrested by the ED in March last year, applied for eight weeks' interim bail on medical grounds, including back pain.
His attorney stated that he wanted to explore alternative treatment since his condition was not improving with the current treatment being administered.
The interim bail plea was opposed by his ED lawyer who stated that no hospital, including Max Super Specialty Hospital, from where he is currently receiving treatment, has referred him for panchkarma therapy.
The interim bail is sought without expert opinion of any doctor and without there being any need for the applicant to be released on interim bail, the ED lawyer argued, adding that panchkarma therapy is simply a massage/rejuvenation therapy which is a optional. .
The court, in its order, said that it is aware of the responsibility of the State to provide adequate medical care to the accused.
“However, the need to apply for bail on medical grounds arises only when the prison authorities or referring hospitals are unable to provide the necessary and essential care or treatment for the treatment of the accused. Basically, the illness must be of such a nature that if the accused is not released on bail, he cannot be guaranteed adequate treatment for his illness,” he stated.
The court said the obligation to provide necessary medical treatment does not mean that despite the best treatment available at the super specialty hospital like Max and other referral hospitals, Pillai would still be entitled to grant of interim bail.
After reading the report of the Tihar jail doctor, the court said it was satisfied that the accused is receiving proper treatment both at the jail dispensary and referral hospitals.
He observed that there was no non-compliance on the part of the prison administration even alleged by the accused in relation to the treatment provided and observed that the report showed that Pillai himself was not taking laser physiotherapy sessions as advised by the doctors.
Pillai was arrested by the ED on March 6, 2023 following allegations that he represented the 'Southern Group' in meetings with other accused when the 2021 excise policy was being formulated and implemented.
The South Group is allegedly a cartel of liquor businessmen and politicians who are alleged to have paid Rs 100 crore in bribes to the ruling AAP dispensation in return for favours.
The excise policy was scrapped in 2022 after Delhi's lieutenant governor ordered a CBI probe into alleged irregularities and corruption related to its formulation and execution.
The ED has claimed that Pillai is a close aide of Bharat Rashtra Samithi (BRS) leader K Kavitha, daughter of former Telangana Chief Minister K Chandrashekar Rao, and South Group leader. Kavitha is also in custody in the case.
Pillai, who asked to be released on interim bail on medical grounds, said his family has taken advice from Ayurvedic doctors who have opined that he needs to be admitted to an Ayurvedic center to undergo a 21-day “panchkarma therapy” and a additional rest of 21 days. days.
The apex court said: "Without commenting on the effectiveness of Panchkarma treatment in respect of back pain, suffice it to say that the applicant should follow the treatment advice of the doctor and even thereafter, if he does not get relief, and then, if so advise". , he would be free to apply to explore the alternative remedies of ayurveda/panchkarma treatment etc.”
A vacation bench of Justice Ravinder Dudeja noted that none of the medical reports even remotely indicate that Pillai is suffering from any life-threatening illness or that treatment for such illness is not available at the referral hospitals.
“So far, I do not find any justification for granting bail to the complainant (Pillai). Consequently, the appeal is dismissed. Needless to say, the jail authorities will continue to provide necessary medical care to the accused as per the doctor's advice,” the judge said.
Pillai, who was arrested by the ED in March last year, applied for eight weeks' interim bail on medical grounds, including back pain.
His attorney stated that he wanted to explore alternative treatment since his condition was not improving with the current treatment being administered.
The interim bail plea was opposed by his ED lawyer who stated that no hospital, including Max Super Specialty Hospital, from where he is currently receiving treatment, has referred him for panchkarma therapy.
The interim bail is sought without expert opinion of any doctor and without there being any need for the applicant to be released on interim bail, the ED lawyer argued, adding that panchkarma therapy is simply a massage/rejuvenation therapy which is a optional. .
The court, in its order, said that it is aware of the responsibility of the State to provide adequate medical care to the accused.
“However, the need to apply for bail on medical grounds arises only when the prison authorities or referring hospitals are unable to provide the necessary and essential care or treatment for the treatment of the accused. Basically, the illness must be of such a nature that if the accused is not released on bail, he cannot be guaranteed adequate treatment for his illness,” he stated.
The court said the obligation to provide necessary medical treatment does not mean that despite the best treatment available at the super specialty hospital like Max and other referral hospitals, Pillai would still be entitled to grant of interim bail.
After reading the report of the Tihar jail doctor, the court said it was satisfied that the accused is receiving proper treatment both at the jail dispensary and referral hospitals.
He observed that there was no non-compliance on the part of the prison administration even alleged by the accused in relation to the treatment provided and observed that the report showed that Pillai himself was not taking laser physiotherapy sessions as advised by the doctors.
Pillai was arrested by the ED on March 6, 2023 following allegations that he represented the 'Southern Group' in meetings with other accused when the 2021 excise policy was being formulated and implemented.
The South Group is allegedly a cartel of liquor businessmen and politicians who are alleged to have paid Rs 100 crore in bribes to the ruling AAP dispensation in return for favours.
The excise policy was scrapped in 2022 after Delhi's lieutenant governor ordered a CBI probe into alleged irregularities and corruption related to its formulation and execution.
The ED has claimed that Pillai is a close aide of Bharat Rashtra Samithi (BRS) leader K Kavitha, daughter of former Telangana Chief Minister K Chandrashekar Rao, and South Group leader. Kavitha is also in custody in the case.
