Delhi High Court - Orders
Mr. Amandeep Singh Dhall vs Directorate Of Enforcement on 19 September, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~78 and 79
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2093/2023
MR. AMANDEEP SINGH DHALL ..... Petitioner
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
+ BAIL APPLN. 2229/2023
AMANDEEP SINGH DHALL ..... Petitioner
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Present: Mr.Tanveer Ahmed Mir and Mr.Shashwat Sarin, Advts. for the
petitioner.
Mr.Zoheb Hossain, Special counsel for ED (through VC) with
Mr.Vivek Gumani and Mr.Kartik Sabharwal and Ms.Manisha
Dubey, advts.
Mr.Anupam S.Sharrma, Special Counsel for CBI with
Mr.Prakarsh Airan, Ms.Harpreet Kalsi, Mr.Ripudaman Sharma,
Mr.Abhishek Batra and Mr.Vashisht Rao, Advts.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 19.09.2023 CRL.M.A. 25025/2023 in BAIL APPLN. 2093/2023 CRL.M.A. 25024/2023 in BAIL APPLN. 2229/2023 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:50 Present applications have been moved seeking ad-interim directions of treatment and private medical facility for administration of effective prognosis for the duration required for a reasonable and full recovery of the petitioner from his ailments in ECIR/HIU-II/ 14 /2022 dated 22.08.2022 registered under ECTION 3/4 PMLA. Learned counsel for the petitioner has submitted that pursuance to the order dated 04.09.2023, the petitioner was directed to remain admitted at AIIMS and remain hospitalized till he is reasonably and fully recovered from his ailments. However, the petitioner is not satisfied with the treatment given at AIIMS.
Learned counsel for the petitioner has submitted that the petitioner is having severe cervical pain due to a bulge in disc C6 and C7. The skin on the back of the petitioner has overreacted to the damage and led to keloid scars all over the back of the petitioner. As a result, the petitioner is not able to lie while sleeping. The petitioner is also facing immense difficulty in walking.
Learned counsel further submits that the petitioner is experiencing complete blackouts frequently and is facing temporary loss of consciousness. These blackouts are affecting patches of the petitioner's memory. It is also submitted that these blackouts may be a result of insufficient oxygen rich blood in the brain, or a disturbance of neuronal activity in the brain, which can also cause an epileptic episode. In the absence of proper prognosis, such condition may aggravate or lead to other serious neural diseases.
Learned counsel has also submitted that the petitioner is also suffering from painful rectal bleeding on account of advance piles and anal fissures, which can lead to continuous blood flow from anus and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:50 internal bleeding which further leads to loss of blood and affects the hemoglobin and red blood cell count leading to anemia, which has no cure as of date. It is further submitted by the learned counsel that if Anemia is left untreated, it can result in a state of coma or death.
Furthermore, the learned counsel submitted that since the issue of rectal bleeding has continued to persist and has not improved, it is alarming as it might be suggestive of colon polyps or peptic ulcer disease or colorectal cancer, all of which require further medical examination and diagnosis.
It is further submitted by the learned counsel that the petitioner has been diagnosed with hemorrhoids, the most common and serious complications of hemorrhoids include perianal thrombosis and incarcerated prolapsed internal hemorrhoids with subsequent thrombosis. It is also submitted that long lasting hemorrhoids may act similarly to chronic inflammatory dermatoses, which may result in regional inflammatory reactions and evolve in the localized squamous-cell carcinomas.
Learned counsel has submitted that the petitioner is suffering from chronic tinnitus which is further causing severe vertigo, fatigue and black outs. The petitioner has high cholesterol. It is also submitted by the learned counsel for the petitioner that if the issue of chronic tinnitus is not rectified and treated in time, then in many cases one of the most common pathologies clinically observed in patients of tinnitus is depression.
It is further submitted by the learned counsel that on the issue of chronic tinnitus, the medical examinations conducted and audiogram tests at RML hospital, Deen Dayal Hospital and thereafter AIMS echoes and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 confirms that the petitioner's left ear is severely damaged and as a result of the same, the petitioner is frequently having blackouts, including while he was admitted at AIMS.
It has been submitted that the petitioner's medical ailments have aggravated to an unbearable extent and the treatment provided at the Jail/Govt. Hospital and AIIMS is not adequate considering the medical condition of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is suffering from different medical issues and needs proper medical supervision and treatment. Learned counsel for the petitioner has given complete history of the treatment provided to him at AIIMS which is not repeated herein for the sake of brevity.
In brief, the petitioner's grievance is that he has not been provided proper medical treatment at AIIMS and he has been forcibly discharged from AIIMS hospital prematurely. Learned counsel submits that the health condition of a person deserves utmost importance and the right to health is one of the most significant dimensions of Article 21 of the Constitution of India.
Mr.Zoheb Hossain, learned special counsel for ED and Mr.Anupam S.Sharrma have vehemently opposed the request of the petitioner for shifting him to the private hospital. Learned Special counsels for ED and CBI have submitted that in reference to direction of this court, the petitioner has duly been examined by the medical board and the medical board of AIIMS has given specific medical report, which is reproduced as under:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 Both the special counsels for ED and CBI have submitted that the present grounds have been fabricated only to get the petitioner admitted in a private hospital and to be out of jail. It has been submitted that the petitioner is an influential person and may tamper with the evidence. Both learned special counsels have submitted that the petitioner can adequately be treated at jail and there is no need to admit him in a private hospital.
Learned special counsels for the ED and CBI have further submitted that petitioner has already been discharged by AIMS after expert opinion by a Medical Board of 7 expert doctors that no further hospitalization is required. It is well settled that Courts do not sit in app over the expert This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 medical wisdom. It has further been submitted that the issues raised/medical grounds raised are not substantiated by any professional medical opinion or prognosis. The alleged medical concerns are treatable on OPD basis as revealed in the various reports of the medical professional of Tihar Jail, DDU, RML and AIMS. If necessary, required tests/examinations can be done on OPD basis. Hospitalization on these self-prognosed grounds is detrimental as precedence.
At the outset, it may be mentioned that on earlier occasion, this court had out rightly rejected the request of the petitioner for admission in a private hospital and directed that the petitioner be treated at AIIMS. However, fact of the matter is that the petitioner is not satisfied with the treatment at AIIMS. The report of the medical board constituted by the M.S. at AIIMS is also on record. As per the report there is no need of hospitalization. This court is not for a minute doubting the report furnished by the medical board, AIIMS. However, this court cannot turn its blind eye to the fact that the petitioner is not satisfied with the treatment given to him and is praying for access to proper medical treatment at some private hospital at his own expenses. This court has observed time and again that even if a person is in custody cannot be deprived of the fundamental rights guaranteed under Part-III of the Constitution. However, these rights have to be balanced with the rights of the prosecution.
This court is conscious of the fact that the health condition of a person deserves utmost attention and importance and everybody has a right to get himself adequately and effectively treated. It is an old saying that only the wearer knows where the shoe pinches. Thus, it is only the patient who can tell and express about his medical condition. This court is also conscious of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 the fact that the detention of the petitioner during the investigation or the trial cannot be treated as a punitive or preventive detention. This court is not considering the petitioner to be released on bail. In any case, the petitioner has to undergo the trial and has to meet the requirement of Section 45 of PMLA before releasing on bail.
The question at present is only the right of private medical assistance and facility to the petitioner to his satisfaction at his own cost. This court being a constitutional court has to act as a guardian of the constitutional rights of an individual. It is also pertinent to mention here that everybody is presumed to be innocent unless proved guilty. The medical condition as stated by the petitioner indicates that the petitioner needs constant medical supervision and treatment. In this regard reference can be made to the report of the Superintendent Jail dated 02.09.2023 which is reproduced as under:
"Sub: Medical Report of inmate Patient Amandeep Singh S/o Birender Pal As per the record available, the inmate patient is lodged in CJ-07 on 07/03/2023. At the time of Mulahiza (first medical examination), the inmate patient did not give any history of drug abuse but alleged history of slip disc at C3,C4,C5 on/off on treatment. (Related documents not submitted) On 11/05/2023, the inmate patient was reviewed by jail visiting Ortho SR for his complaint of pain in cervical region for which he was advised physiotherapy along with pain killer including tablet pregabalin.
On 27/06/2023 and 08/07/2023, the inmate patient was reviewed by jail visiting Ortho SR for his complaint of pain in cervical region for which he was advised to continue the same along with MRI Cervical Spine.
On 10/07/2023, the inmate patient was referred to RML This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 hospital Neurosurgery for the complaint of increase pain in right upper limb and for his condition of C6-C7 PIVD with Radiculopathy for which he was advised MRI Cervical Spine with whole spine screening along with medication.
On 19/07/2023, blood reports suggestive of dyslipidemia and DM2.
On 20/07/2023, the inmate patient was reviewed by jail visiting Ortho SR for his complaint of pain in cervical region for which he was advised to continue the same along with MRI Cervical Spine.
On 26/07/2023, the MRI was done which revealed Posterior and right paracentral disc bulge is seen indenting the thecal sac causing effacement of right neural foramin. Spinal canal and neural foramina are normal in dimension. Screening through dorsal and lumbar spine shows no significant abnormality. (Annexure A1) On 27/07/2023, the inmate patient was reviewed by jail visiting psychiatry SR for the complaint of disturbed sleep and appetite, apprehension/restlessness for which he was given prescribed medicines.
Multiple times, the inmate patient visited jail dispensary for the complaint of Bleeding PR, giddiness and black outs for which he was prescribed medication and was advised to review Surgery and ENT OPD.
On 02/08/2023 and 16/08/2023, the inmate patient visited DDU Hospital Surgery department for the complaints of Bleeding PR and painful defecation. Upon examination, 2nd degree internal haemorrhoids at 3,7,11 o'clock position, chronic fissure in anal midline position and sentinel skin tag midline. After through examination the inmate patient was advised medication and fibre rich diet along with sitz bath. (Annexure A2) The inmate patient multiple times visited CJ-07 dispensary This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 complaining of tinnitus and black outs for which he was given medicines and was advised medication. The inmate patient submitted photocopies of his previous medical treatment for severe vertigo wherein he was administered steroids in middle ear.
On 16/08/2023, the inmate patient was referred to ENT at DDU Hospital for left ear tinnitus and giddiness since three weeks. Pure tone Audiometry was done which revealed left severe mixed hearing loss. The inmate patient was advised medicines along with review in vertigo clinic on 31/08/2023. (Annexure A3) On the same day ultrasound of whole abdomen was done which is suggestive of Grade-I fatty liver. On 18/08/20213, the inmate patient was referred to RML Neurosurgery for the complaint of pain in right upper limb radiating to tip of the 1st, 2nd and 3rd finger. Upon examination sensory loss over the C6 nerve root level. The inmate patient was advised dynamic X-ray Spine along with PMR reference. (Annexure A4) On 21/08/2023, the inmate patient was referred to RML Neurosurgery for the follow up C5-C6 PIVD wherein he was advised avoiding weight lifting and forward bending along with medicines.
The inmate patient was referred to DDU Hospital Dermatology department for multiple Keloids over upper back for which he was advised intralesional triamcinolone injection once in three weeks in the keloids.
On 23/08/2023, the inmate patient was referred to DDU Hospital Surgery department for the follow up of internal haemorrhoids and the complaints of Bleeding PR and painful defecation and for multiple keloids over upper back for which he was advised lignocaine jelly for local application for pain in the anal region, and review plastic surgery for This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 multiples keloids over upper back. (Annexure A5) On 28/08/2023, the inmate patient was referred to RML Hospital for Neurosurgery opinion wherein he was advised NCV and prescribed medicines. . (Annexure A6) In view of the Hon'ble High Court order, the inmate patient was referred to AIIMS on 31/08/2023, 01/09/2023 and 02/09/2023, for the medical examination and the report of the same to be submitted in the Court.
At present, the inmate patient is a follow up case of internal haemorrhoids, C6-C7 PIVD, multiple keloids over upper back, tinnitus, giddiness, Sleep disturbance, and DM2 under treatment from Jail Dispensary, DDU Hospital, and RML Hospital. Despite medical treatment the inmate patient still complaints of painful defecation and bleeding PR, pain and weakness over right upper limb, black outs and ringing sound in the ear, and discomfort over upper back while sleeping.
All the medicines are being provided him from jail dispensary."
In these circumstances, taking into account the medical condition of the petitioner, the petitioner is directed to be admitted to ILBS Hospital, Vasant Kunj for a period of two weeks within three days. However, he shall remain in the custody of the Superintendent Jail. The Superintendent Jail shall deploy security guards in the hospital. The Superintendent Jail shall make arrangements to shift the petitioner in an ambulance to ILBS Hospital. The Medical Superintendent, of ILBS Hospital, Vasant Kunj is requested to constitute a medical board and the said medical board shall furnish a weekly report to this court with a copy to the ED and CBI. The petitioner shall bear all the expenses of treatment, hospitalization, security, and other incidental expenses incurred by the State.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51 During hospitalisation, the wife and children of the petitioner may meet him from 11 a.m. to 12 p.m. and from 4 p.m. and 5 p.m. Petitioner's mother Smt. Simrit Dhall may meet the petitioner daily during the prescribed meeting hours as per the last order and his sisters i.e. Smt. Simer Dhall and Smt. Komal Singh Dhall may meet the petitioner on alternative days during the meeting hours. However, the Superintendent Jail shall ensure that all the family members of the petitioner may not meet the petitioner together. The petitioner shall not use the phone and the family members are allowed to give him the home-cooked food. The family members shall also not be allowed to take the phone with them. The Mulaqat with members of the family shall be permitted in accordance with Jail rules.
With the above directions, both the applications stand disposed of.
DINESH KUMAR SHARMA, J SEPTEMBER 19, 2023 rb This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2023 at 23:38:51