MUMBAI: The Bombay High Court on Friday reserved its orders on a plea by former Maharashtra Minister and leader of the Nationalist Congress Party (NCP), Nawab Malik, for interim medical bail in an Enforcement Directorate (ED) case of alleged money laundering.
While senior counsel Amit Desai, representing Malik, argued that a chronic kidney disease and dependence on only 60 percent of one kidney (the other having failed) deserve consideration for bail on health grounds. Malik has been in a private hospital receiving treatment for over a year since his arrest and requires a stress-free environment to recover. As an undertrial, his deteriorating health may be considered as part of his fundamental right to life with dignity.
Desai stated, “The medical board comprising doctors from JJ Hospital, as well as Criticare Hospital, has provided reports demonstrating that Malik’s left kidney has failed and he has lost 16 kgs since his arrest last February.”
For the ED, additional Solicitor General Anil Singh opposed Malik’s plea for medical bail and argued that people can survive with one kidney. He also mentioned that Malik has been in a hospital of his choice and has not raised any grievances about not receiving treatment. The agency is not opposed to him receiving proper treatment but opposes the grant of medical bail.
Desai mentioned that the ED has never contested the hospitalization of the accused and referred to judgments from various High Courts and the Supreme Court where bail was granted due to kidney issues. However, ASG Singh cited HC and SC rulings to argue that when medical treatment is being provided, the accused has been denied bail on health grounds.
Desai argued that there are several ailments that Malik has which worsen the kidney issues of the accused, which are currently at Stage II-III. He stated, “The purpose of bail is to ensure that the accused can explore treatment options.”
Justice Anuja Prabhudessai, who heard the matter, will pass orders next week.
While senior counsel Amit Desai, representing Malik, argued that a chronic kidney disease and dependence on only 60 percent of one kidney (the other having failed) deserve consideration for bail on health grounds. Malik has been in a private hospital receiving treatment for over a year since his arrest and requires a stress-free environment to recover. As an undertrial, his deteriorating health may be considered as part of his fundamental right to life with dignity.
Desai stated, “The medical board comprising doctors from JJ Hospital, as well as Criticare Hospital, has provided reports demonstrating that Malik’s left kidney has failed and he has lost 16 kgs since his arrest last February.”
For the ED, additional Solicitor General Anil Singh opposed Malik’s plea for medical bail and argued that people can survive with one kidney. He also mentioned that Malik has been in a hospital of his choice and has not raised any grievances about not receiving treatment. The agency is not opposed to him receiving proper treatment but opposes the grant of medical bail.
Desai mentioned that the ED has never contested the hospitalization of the accused and referred to judgments from various High Courts and the Supreme Court where bail was granted due to kidney issues. However, ASG Singh cited HC and SC rulings to argue that when medical treatment is being provided, the accused has been denied bail on health grounds.
Desai argued that there are several ailments that Malik has which worsen the kidney issues of the accused, which are currently at Stage II-III. He stated, “The purpose of bail is to ensure that the accused can explore treatment options.”
Justice Anuja Prabhudessai, who heard the matter, will pass orders next week.
