AMANDEEP SINGH DHAL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The instant applications under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C') and Sec. 45 of the Prevention of Money Laundering Act, 2002 ("PMLA Act') have been filed by the applicant/petitioner, seeking specific directions for the applicant to be transferred to Indian Spinal Injuries Centre, Vasant Kunj, Delhi for duration of twelve weeks for effective medical examination and consistent treatment in terms of liberty granted to the applicant vide order dtd. 22/12/2023.

(2.) Learned counsel for the applicant argues that since the date of admission of the applicant in Safdarjung Hospital on 11/1/2024, the applicant was not given any medical treatment or care in terms of the prescribed specialised physiotherapy sessions, required to be given to him, till 14/1/2024, as was also directed by this Court. It is argued that it was only on 15/1/2024 that the applicant was given machine based physiotherapy (IFT/TENS/Ultrasonic) though still irregularly, however, he has till date not being given supervised manual physiotherapy session, as was prescribed to him. It is stated that the applicant is not being administered supervised cervical isometric exercises, as was prescribed to him by the Medical Officer In charge Tihar Jail, vide Medical Status report dtd. 16/12/2023. It is stated that the applicant was being administered supervised manual physiotherapy exercises every day for one hour in the morning and evening, while he was admitted at Indian Spinal Injuries Centre. It is argued that the concerned doctors are not following the standard operating procedures for the physiotherapy sessions, as was prescribed by the doctors at Indian Spinal Injuries Centre, where the applicant previously underwent C6-C7 transforaminal epidural steroid injection and right C6-C7 facet joint block under local anaesthesia. It is also stated that on 18/1/2024, the applicant was shown certain exercises to be done, but there has been no supervision, assistance by the concerned medical staff despite the applicant's request, and the applicant has not been able to do the exercises on his own owing to loss of sensation and aggravated debilitating pain.

(3.) It is further submitted by learned counsel for the applicant the applicant has been suffering from cardiovascular problems and had been advised to undergo cardio-vascular examination as recorded in the medical status report filed by the Jail Superintendent on 28/12/2023, however, the applicant till date has not been effectively diagnosed/examined for the cardio-vascular related ailments. It is stated that the concerned medical officers at Safdarjung Hospital have informed the applicant that they have conducted an Echo test, but the applicant was neither informed about the test results, nor prescribed prognosis in terms of medicines. Further, the concerned doctors at Safdarjung Hospital have till date not conducted an Echo stress test, as was prescribed to him. It is further stated that the concerned doctors at Safdarjung Hospital have, till date, not conducted any procedure of transforaminal epidural steroid injection, which had to be administered to the Applicant for C3-C4 joint in the spine. Furthermore, the applicant has been evaluated and diagnosed as a case of C3-C4 herniated Nucleus Pulposus (Annular Tear), and he was also informed by the concerned medical staff at Safdarjung Hospital that there is acute nerve compression in C5-C6 joint in the spine on the basis of the latest MRI scan conducted, which has not been supplied to the applicant herein. Despite this, the applicant has not been prescribed an effective course of treatment and is continuing to languish in aggravating pain.