Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 07.11.2023
Pronounced on: 17.11.2023
+ BAIL APPLN. 2093/2023
MR. AMANDEEP SINGH DHALL ..... Petitioner
Through: Mr. Tanveer A. Mir, Mr.
Vedant Verma, Mr. Shaswat
Sarin and Mr. S. Tyagi,
Advocates
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Zoheb Hossain, Special
Counsel for ED along with Mr.
Vivek Gurnani, Mr. Kartik
Sabharwal and Ms. Manisha
Dubey, Advocates
+ BAIL APPLN. 2229/2023
AMANDEEP SINGH DHALL ..... Petitioner
Through: Mr. Tanveer A. Mir, Mr.
Vedant Verma, Mr. Shaswat
Sarin and Mr. S. Tyagi,
Advocates
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through:
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matter Page 1 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.
CRL.M.A. 30103/2023 (for extension of duration of medical
examination) in BAIL APPLN. 2093/2023
CRL.M.A. 30096/2023 in BAIL APPLN. 2229/2023
1. The instant applications under section 482 of the Code of
Criminal Procedure, 1973, ( ‘Cr.P.C.’ ) have been filed on behalf of
the applicant seeking extension of duration of medical examination
and treatment of the applicant at Indian Spinal Injuries Centre,
Vasant Kunj, Delhi in furtherance of order dated 16.10.2023 of this
Court whereby it was directed that the applicant be admitted at Indian
Spinal Injuries Centre, Vasant Kunj, Delhi for a duration of three
weeks in ECIR/ HIU- II/14/2022 dated 22.08.2022.
2. Learned counsel for the applicant states that pursuant to order
dated 16.10.2023 passed by this Court in the present case, the
applicant was admitted at Indian Spinal Injuries Centre on
18.10.2023 with complaints of acute chronic neck pain and right
upper limb radiculopathy. The applicant was evaluated by the
concerned doctors and medical staff at Indian Spinal Injuries Centre
and diagnosed as a case of C3-C4 Herniated Nucleus Pulposus
(Annular Tear) + Right C6-C7 foraminal disk Osteophyte complex. It
is stated that the applicant is being treated conservatively with
neuropathic medication, physiotherapy (IFT, TENS, and Ultrasound
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matter Page 2 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57
therapy) along with supportive and symptomatic medication. It is
submitted that with respect to the applicant’s complaint of tinnitus in
left ear and vertigo, the applicant has been prescribed to get an MRI
Brain scan with DWI, which is yet to take place. In this regard, it is
submitted that the applicant requires continued examination and
treatment so that his ailments are accurately diagnosed and effective
and adequate medical treatment is provided to him. It is argued that if
the petitioner is discharged pre-maturely while his medical
examination and treatment are ongoing, he may suffer intolerable and
irreparable consequences. It is stated that the applicant was arrested
in this case on 01.03.2023 and had remained in judicial custody since
then, till 06.09.2023 wherein pursuant to order dated 04.09.2023 of
this Court in the present petition, the applicant was directed to be
admitted to AIIMS and to undergo medical tests and treatment and
remain hospitalized till he is deemed reasonably and fully recovered
from his medical ailments. It is stated that taking into account the
medical condition of the applicant, the applicant was directed to be
admitted to Institute of Liver and Biliary Sciences, Vasant Kunj for a
period of two weeks by way of order dated 19.09.2023. It is stated
that thereafter, on 22.09.2023, one Dr. Manish Tandon, Orthopaedics
did a medical examination of the applicant for the severe cervical
pain and it was prescribed by the doctor that in view of the severe
compression, the applicant should be transferred to spinal unit for
evaluation. It is stated that this Court, by way of its order dated
16.10.2023, had then allowed the applicant to be taken to Indian
Spinal Injuries Centre. It is stated that the applicant is having severe
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matter Page 3 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57
cervical pain due to a bulge in disc C6 and C7 and was scheduled for
right C6-C7 epidural alongwith nerve root block on 02.11.2023 for
pain management, and the applicant was experiencing complete
blackouts frequently. It is also stated that applicant was facing
temporary loss of consciousness. It is submitted that that with respect
to the applicant’s complaint of tinnitus in left ear and vertigo, the
applicant has been prescribed to get an MRI Brain scan with DWI,
which is yet to take place. It is thus, prayed that the duration of
medical examination and treatment of the applicant at Indian Spinal
Injuries Centre be extended till such time the applicant is reasonably
and fully recovered from his ailments.
3. Learned Special Counsel for the Directorate of Enforcement,
vehemently opposes the application requesting extension of order
dated 16.10.2023 of this Court, and states that the current medical
condition of the applicant does not necessitates that his treatment be
carried out at Indian Spinal Injuries Centre, Vasant Kunj, Delhi. In
this regard, learned Special Counsel places his reliance on a medical
report dated 06.11.2023 which has been issued by Associate Director,
Department of Spine Services, Indian Spinal Injuries Centre, Vasant
Kunj, Delhi verifying the current medical condition of the applicant
and clarifying as to whether he requires treatment at Indian Spinal
Injuries Centre, Vasant Kunj, Delhi or not, which states the medical
condition of the applicant to be stable. It is stated that the medical
report filed by the concerned official confirms that the medical
history of the applicant is on the record of the hospital and currently
the applicant is stable and does not require that his treatment be
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BAIL APPLN. 2093/2023 & connected matter Page 4 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57
carried out in the hospital premises. Thus, in view of the same, it is
argued that the application for extension of duration of medical
examination and treatment of the applicant at Indian Spinal Injuries
Centre, Vasant Kunj, Delhi be denied.
4. This Court has heard arguments addressed by both the parties
and has perused the case file including the medical history of the
applicant and previous orders qua the applicant.
5. This Court vide its order dated 19.09.2023 had permitted the
applicant to be admitted for specialized treatment in ILBS Hospital,
Delhi after considering the medical history of the applicant and the
advice of the doctor concerned. Thereafter, this Court vide order
dated 16.10.2023 had allowed the request of applicant to be admitted
for further treatment at Indian Spinal Injuries Centre, Vasant Kunj,
Delhi, and the relevant portion of the said order reads as under:
“5…This Court has gone through the documents placed on
record as well a the order dated 19.09.2023 of this Court vide
which, the applicant was earlier permitted to be admitted for
specialised treatment in ILBS hospital vide detailed order and
after considering the medical history of the applicant, the advice
of the doctor concerned i.e. Dr. Manish Tandon and the
requirement for his further treatment, this Court is inclined to
allow the request of applicant of being admitted to Indian Spinal
Injuries Centre at Vasant Kunj, Delhi for medical treatment on
the following conditions:
a) The applicant be admitted to Indian Spinal Injuries Centre
at Vasant Kunj, Delhi for a period of three weeks within
two days from today. However, the applicant shall
continue to be in the custody of Superintendent of Jail
concerned, and the Jail Superintendent concerned shall
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.
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matter Page 5 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57
b) The Jail Superintendent concerned shall make
arrangement to shift the applicant in an ambulance to the
said Hospital.
c) The Medical Superintendent of Indian Spinal Injuries
Centre, Vasant Kunj will constitute a medical board which
will furnish a weekly report to this Court regarding the
medical status of the accused and the need to continue
treatment or hospitalization and also provide a copy of the
same to the Enforcement Directorate and Central Bureau
of Investigation.
d) It is also ordered that the entire expenses of medical
treatment, hospitalization, security, and other incidental
expenses incurred on the treatment shall be borne by the
applicant.
e) During hospitalisation, the wife and children of the
applicant are permitted to meet him between 11 AM to 12
PM and between 4 PM to 5 PM subject to the meeting
hours and applicable rules of the hospital. The mother of
the applicant Smt. Simrit Dhall will be permitted to meet
the applicant daily during the prescribed meeting hours of
the hospital. The sisters of applicant i.e. Smt. Simer Dhall
and Smt. Komal Singh Dhall will be permitted to meet the
applicant on alternative days during the meeting hours of
the hospital.
f) The concerned Superintendent Jail shall ensure that the
meeting schedule so mentioned above will be strictly
adhered to.
g) The applicant shall not be allowed to use phone.
h) The family members of applicant may provide him home-
cooked food, if so allowed by the doctor concerned.
i) The family members of the applicant shall not be allowed
to carry phone with them, while meeting the applicant.
j) The learned counsel for the applicant will be allowed legal
interview with the applicant, as per jail manual and rules.
6. Accordingly, these applications stand disposed of in above
terms and subject to above conditions.
7. The copy of this order be forwarded to the concerned Jail
Superintendent for information and compliance…”
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matter Page 6 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57
6. The applicant, at this stage, is before this Court to press an
application for extension of the duration of medical examination and
his treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi, in
furtherance of order dated 16.10.2023 of this Court.
7. In the present case, the medical condition of the applicant and
his valuable right to seek proper medical treatment was considered by
this Court while granting him relief vide order dated 16.10.2023.
Fortunately, the same has resulted into his medical condition
improving as reflected in the report dated 06.11.2023.
8. This Court notes that the status of current medical condition of
the applicant has been verified from the concerned hospital and a
detailed medical report dated 06.11.2023 in this regard has been
placed on record, which has been prepared by Associate Director,
Department of Spine Services, Indian Spinal Injuries Centre, Vasant
Kunj, Delhi. The said report opines that the medical condition of the
applicant is now stable, and the relevant portion of this report reads
as under:
“… As per direction given by Hon’ble High Court on
16.10.2023 patient Mr. Amandeep Singh Dhall, 50
years/male was admitted in this hospital on 18.10.2023 vide
UHID No – 822201, IPD No. 90376 and treatment is being
provided to him.
As per the available records documents received from you
through email on 03.11.2023 are genuine and issued from our
hospital on 31.10.2023 after written request from the patient.
Please find enclosed herewith verified copy of case summary,
radiology investigation reports of patient Mr. Amandeep
Singh Dhall as copies provided by you through email.
At present patient medically stable and is advised to continue
medications and physiotherapy. Also want to inform you that
physiotherapy can be managed at domicile premises by
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matter Page 7 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57
physiotherapist or he can come for physiotherapy on OPD
basis…”
9. Thus, the medical report dated 06.11.2023 reveals that the
further treatment of the present applicant does not necessitate his stay
in the hospital and if required, he can come for physiotherapy in
OPD. Further, it has also been categorically opined by the doctor
concerned that physiotherapy sessions can also be managed at
domicile premises which at present in the case of applicant is the jail
premises or jail hospital. Needless to say, the jail authorities shall
ensure that the applicant is provided with the treatment as prescribed
by the doctors concerned and the Jail Hospital Referral Policy, issued
vide orders dated 10.02.2011 and 27.06.2022 by the office of
Director General (Prisons), GNCTD is followed in letter and spirit.
10. Therefore, in view of the fact that the current medical
condition of the applicant is stable and the same does not necessitate
the stay of the applicant in the hospital, this Court is not inclined to
allow the present applications since there are no grounds for
extending the duration of medical examination and treatment of the
applicant at Indian Spinal Injuries Centre, Vasant Kunj, Delhi.
11. Accordingly, the present applications stand dismissed.
12. A copy of this order be forwarded to concerned Jail
Superintendent for information and compliance.
13. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
NOVEMBER 17, 2023/zp
Signature Not Verified
BAIL APPLN. 2093/2023 & connected matter Page 8 of 8
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:17.11.2023
18:09:57