‘Basic human & fundamental rights are not contingent upon one being a common citizen or an accused’: Delhi HC allows alleged excise policy scam accused Sameer Mahandru to be admitted to hospital for his knee surgery
Justice Swarana Kanta Sharma [22-03-2024]

Read Order: SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT [ DEL HC- BAIL APPLN. 621/2024]

Tulip Kanth

New Delhi, March 27, 2024: While observing that Courts have to adopt a holistic & balanced approach while dealing with cases involving the medical needs of an accused, the Delhi High Court has allowed the request of excise policy scam accused Sameer Mahandru of being admitted to a private hospital for undergoing knee surgery.

The bail application was filed by the applicant seeking grant of interim bail on medical grounds, which was dismissed by the High Court. However, vide para no. 15 of the said judgment, the Court had granted liberty to the applicant to get the prescribed "Arthroscopic Medial Meniscal Repair" surgery rescheduled and thereafter move a fresh application before this Court seeking appropriate directions, i.e. for permission to undergo the required surgery while being in custody of the Jail Superintendent.

The applicant’s counsel argued that the surgery of the applicant i.e. “Arthroscopic Medial Meniscal Repair surgery”, which was earlier scheduled for 26.02.2024, had been rescheduled for 19.03.2024. It was submitted that since the counsel for respondent had sought time to file reply to this application, the surgery was again re-scheduled for 23.03.2024. It was prayed that the Court may direct the jail authorities to take the applicant to VNA Hospital situated in Malviya Nagar, for admission on 22.03.2024, for undergoing the aforesaid surgery scheduled for 23.03.2024 and allow him to remain admitted in the said Hospital, at least for a period of 6 weeks, for his recovery and post operative care.

It was also stated that his parents, wife and children be also allowed to accompany, assist and remain present with him, during the entire course of his hospitalisation, and postoperative care and he be further allowed to be given home cooked food, as per the medical advice.

The ED’s counsel submitted that the factum of surgery of the applicant had been verified and the Court may pass appropriate orders as regards the surgery of the applicant in concerned Hospital, under the custody of Jail Superintendent, was concerned.

After going through the documents placed on record, the Single-Judge Bench of Justice Swarana Kanta Sharma noticed that as per his medical prescriptions, the applicant had been diagnosed with Medial Meniscus tear in left knee and was advised to undergo surgery for the same, by the doctor. Earlier also, he had been permitted to be admitted for specialised treatment in VNA Hospital, while being in custody.

“It is well-settled that the right to life encompasses not only the preservation of physical existence but also the quality of life, which includes access to necessary medical treatment and healthcare services. Similarly, the right to health entails the entitlement to adequate healthcare facilities for maintaining one's physical and health”, the Bench said while further adding, “While adjudicating matters concerning the health and wellbeing of an accused, the Court is duty-bound to ensure that the accused's right to life and the right to health is not violated. These basic human and fundamental rights are not contingent upon one being a common citizen or an accused, but are inherent to every individual, including those accused of crimes.”

It was further opined that Courts have to adopt a holistic and balanced approach while dealing with cases involving the medical needs of an accused. It is incumbent upon the Court to consider the medical records and documents presented before it, and ensure that the accused receives timely and appropriate medical treatment. Furthermore, the Courts have to exercise their powers judiciously, taking into account the specific medical requirements of the accused, the urgency of the treatment, and the feasibility of providing such treatment within the jail premises or jail referral hospitals or hospital of choice of accused, whether in custody or by granting bail.

Thus, considering the facts of the case and the medical documents placed on record, the Bench directed that the applicant be admitted at VNA Hospital, Navjivan Vihar, Geetanjali Enclave, Malviya Nagar, New Delhi for a period of 4 weeks. However, the applicant has been asked to be in the custody of Jail Superintendent.

The Superintendent has been ordered to ensure that appropriate and adequate security is provided/deputed in the Hospital since the accused will continue to remain in judicial custody though under treatment in the Hospital. The applicant has not been allowed to use any mobile phone/telephone.

While ordering that the entire expenses of medical treatment, hospitalisation, security, and other incidental expenses incurred on the treatment shall be borne by the applicant, the Bench further directed that the Medical Superintendent/In-Charge of VNA Hospital will furnish a report to this Court regarding the medical status of the applicant and the need to continue treatment or hospitalisation and also provide a copy of the same to the Enforcement Directorate, immediately on expiry of period of 4 weeks.