Direct Violation Of Fundamental Rights: Delhi HC Summons Tihar Jail Superintendent For Not Providing Court Ordered Medical Assistance To PMLA Accused

The Applicant had approached the High Court with the grievance that despite earlier directions of the Court, the respondent Department and the Jail authorities failed to provide medical assistance to the applicant/petitioner.

The Single-Judge Bench of Justice Chandra Dhari Singh held, “Even though the applicant/petitioner is an accused in the serious crime money laundering, this Court believes that he has every right to avail the best medical treatment and no authority can curtail the Fundamental Right provided to him by the Constitution of India.”

Senior Advocate Siddharth Aggarwal represented the Petitioner while Special Counsel for Ed Manish Jain represented the Respondents.

The Court had directed the concerned jail authorities as well as the respondent-Department to take the applicant to the hospital and due to non-compliance, the Court had directed the Jail superintendent of Tihar Jail to file an affidavit explaining the reasons for non-compliance.

However, the Respondent submitted that the affidavit filed by the Joint-director of the Respondent Department showed the bonafide of the efforts made by the Department. It was submitted that any lapse on part of the Department was neither intentional nor willful.

On a perusal of the Affidavits, the Bench observed that the Jail Superintendent had clearly misinterpreted the earlier directions and the directions passed vide previous order had not been willfully complied with. A prima facie view was taken by the Court that the Jail authorities had not willfully complied with the orders of this Court, instead constituted a medical board to look into the situation, which further delayed the treatment of the applicant/petitioner.

“This Court has taken serious view to the willful disobedience to the directions of the Court and is of the view that such non-compliance is unacceptable in cases where there is serious concern regarding the health condition of a detainee”, it said while also adding, “It is sorry state of affairs that the said medical condition of the applicant/petitioner has not been taken seriously by the Jail authorities, which is a direct violation of the fundamental rights provided by the Constitution of this Country.”

Thus, directing the Jail Superintendent to be present before the Court on November 26, 2024 to explain the willful non-compliance with the orders, the Bench also granted interim bail to the applicant for 10 days from the date of release on his furnishing personal bond in the sum of Rs 1 lakh.

Cause Title: Aditya Krishna v. The Directorate Of Enforcement [Case No.- BAIL APPLN. 3464/2024]

Appearance:

Petitioner: Senior Advocate Siddharth Aggarwal, Advocates Tanya Agarwal & Arshiya Ghosh

Respondents: Special Counsel for Ed Manish Jain, Advocates Sougata Ganguly, Snehal Sharda and Gulnaz Khan

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