Don’t consider Lok Nayak report for Jain’s bail: HC tells trial court
New Delhi: The Delhi high court on Thursday restrained a trial court from considering state minister Satyendar Jain’s medical report from Lok Nayak hospital, after the Enforcement Directorate (ED) claimed it may be “biased” and in favour of the legislator
The Delhi high court on Thursday restrained a trial court from considering state minister Satyendar Jain’s medical report from Lok Nayak hospital, after the Enforcement Directorate (ED) claimed it may be “biased” and in favour of the legislator.
Justice Jasmeet Singh, hearing a plea by ED seeking Jain be medically examined at any central government hospitals, issued notice to the minister on the agency’s plea and posted the matter for hearing on August 17.
“It is directed that the special judge shall not consider the medical report from LNJP till the next date of hearing,” the judge said in an oral order, adding that Jain’s interim bail plea will be decided on other factors.
Lok Nayak hospital was earlier known as LNJP hospital.
Jain is in judicial custody but is currently admitted to Lok Nayak hospital due to ill health.
He was admitted to the hospital on July 8, after doctors advised him two to three weeks of bed rest, given his history of ailments and present condition.
Jain was first admitted to the state government-run hospital on June 20. While discharging him on July 1, doctors laid down a history of the ailments, including a fall in oxygen level and heartbeat. The hospital also approved a full-time attendant for Jain during his stay at the facility.
The report was also corroborated by the jail doctor, who found the report to be genuine.
According to his interim bail application, filed in the trial court on July 12 on health grounds, Jain fell in the bathroom on June 18 and June 20, reporting uneasiness in his chest, after which he was taken to the GB Pant Hospital.
The plea also said Jain was referred to Lok Nayak hospital due to the nature of ailments, following which medical board of three doctors to evaluate his health.
On Thursday, appearing for the agency, additional solicitor general (ASG) SV Raju, appearing for the investigating agency, emphasised that there is a “grave likelihood” that Jain, who was the city health minister, “influenced” Lok Nayak hospital.
Raju said that there was a need for an independent evaluation of his health before his plea for release on the medical grounds was considered by the trial court.
He alleged that out of the 46 days of Jain’s arrest, the legislator has spent 20 days in the jail dispensary and the rest of 26 days in Lok Nayak Hospital.
In the Delhi high court, ED has challenged a trial court’s order of July 6 by which the special judge had rejected the agency’s prayer to get the accused medically evaluated by any independent hospital such as Ram Manohar Lohia Hospital or AIIMS, instead of Lok Nayak Hospital.
It has also challenged the trial court’s July 19 order passed in the interim bail application of Jain in which the issue of shifting him to some other hospital for proper evaluation was raised.
The trial court adjourned the matter for arguments on July 29 and sought a detailed medical report from Lok Nayak.
Jain was arrested on May 30 under the provisions of the Prevention of Money Laundering Act (PMLA) and was first sent to police custody and then judicial custody.
The case is based on a 2017 CBI FIR lodged against the minister in the Aam Aadmi Party (AAP) government. ED has accused him of having laundered money through four companies allegedly linked to him and where he was holding shares, while amassing disproportionate income.