PMLA court refuses medical bail to Nihal Garware

Garware was arrested by the Enforcement Directorate (ED) on March 22 for money laundering, as the agency suspected that he was instrumental in buying a property for the bank in BKC in 2010 at an exorbitant price.

Mumbai: A special Prevention of Money Laundering Act (PMLA) court, on Saturday, rejected industrialist Nihal Garware’s bail plea on medical grounds, observing that treatment for the disease which Garware is diagnosed with can be provided in jail.

His counsel, senior advocate Abad Ponda said that the discharge summary report of Breach Candy Hospital where Garware was shifted, indicated a “significant history of pleural effusion of the knee raising the possibility of tuberculosis in 1990. His hip, left knee and right knee replacements were done in 1995, August 2000 and October 2001 respectively. In 2009 and 2011 he was in ICU for acute pulmonary oedema.” (Getty Images)

Garware was arrested by the Enforcement Directorate (ED) on March 22 for money laundering, as the agency suspected that he was instrumental in buying a property for the bank in BKC in 2010 at an exorbitant price. In return, ED has claimed that Garware received kickbacks to the tune of ₹12.82 crore.

Garware had approached the court for bail on the ground that he had been suffering from multiple diseases and had also been diagnosed with Crohn’s disease.

His counsel, senior advocate Abad Ponda said that the discharge summary report of Breach Candy Hospital where Garware was shifted, indicated a “significant history of pleural effusion of the knee raising the possibility of tuberculosis in 1990. His hip, left knee and right knee replacements were done in 1995, August 2000 and October 2001 respectively. In 2009 and 2011 he was in ICU for acute pulmonary oedema.” Oedema is swelling caused by excess fluid trapped in your body’s tissues.

The court noted that Crohn’s disease continues lifelong and a person/patient thereof has to manage his day-to-day health and food as per the advice of the doctor.

“Applicant (Garware) has had various diseases for a long time. However, at the same time, it cannot be ignored that with all such various diseases and health issues, he had travelled abroad many times for his work and also got treatment, surgeries and replacements there,” it added. “With this background, he has managed to live his life. This fact is prima facie evident from all his present and past medical papers. Therefore, I think that the applicant cannot capitalise on his past medical and health issues for getting released on bail.”

The court added that his health can be managed with four basic rules – eat healthy food, a low-fat diet, exercise regularly and manage stress. It noted that he has already been allowed to take home food and now he can take advice from doctors as to which exercise suits him in jail and how to manage stress inside the jail.

“Even to manage stress in such a situation, the J.J. Hospital can refer the applicant to a psychiatrist. But all this cannot be a ground for bail in this serious offence,” the special court said.