MUMBAI: There are many who survive with one kidney, the Enforcement Directorate (ED) on Friday argued before the Bombay high court opposing the bail application of Nawab Malik, leader of Nationalist Congress Party (NCP).
As the former Maharashtra minister had one functional kidney and was receiving treatment in a private hospital, he need not be granted interim bail on medical grounds, argued the ED.
The single judge bench of justice Anuja Prabhudessai on Friday concluded hearing on Malik’s plea for interim bail on medical grounds and reserved the orders for the next week.
Malik sought the bail on the ground that one of his kidneys was damaged and the other functional kidney was deteriorating.
The court as informed by additional solicitor general Anil Singh for ED that the ground on which medical bail was being sought was not maintainable.
Singh cited judgements and orders of the Supreme Court and other high courts wherein medical bail was rejected as the ailment of the applicant was not serious and proper medical treatment was being provided by the jail authorities. He cited the case of Asaram Bapu.
Singh added that the instances of medical bail being granted were for those where applicants had severe ailments and could not afford treatment in government hospitals while being in custody. However, as Malik was able to bear the cost of the treatment in a private hospital, and was admitted to one since his arrest, he should not be granted bail on medical grounds.
{{/usCountry}}Singh added that the instances of medical bail being granted were for those where applicants had severe ailments and could not afford treatment in government hospitals while being in custody. However, as Malik was able to bear the cost of the treatment in a private hospital, and was admitted to one since his arrest, he should not be granted bail on medical grounds.
{{/usCountry}}Earlier, senior advocate Amit Desai for Malik had submitted that the former minority development minister had been suffering from kidney problem before his arrest in February 2022 and it had aggravated after the arrest.
Desai added that Malik’s kidney problem was affecting other organs as well and the court should take a sympathetic view of the same as it involved his fundamental right to life with dignity.
Singh said that people survive with single kidney and none of the medical reports said that the second kidney was functioning at 60% of its capacity, hence bail on medical grounds could not be invoked in Malik’s case.
After hearing the submissions, the bench reserved its order which is expected to be pronounced next week.