AMIT ARORA Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The instant application under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner seeking appropriate directions in view of his deteriorating medical health conditions, thereby praying that he may be shifted to Arihant Hospital, Sector-52, Gurugram, Haryana, from RML Hospital, Delhi for a period of six weeks.

(2.) The case set out by the petitioner is that he is suffering from serious and life threatening medical conditions including but not limited to Compensated Chronic Liver Disease (CLD) (Cirrhosis), Diabetic Kidney Disease (DKD), Chronic Stable Angina (CAD), Diabetic Peripheral Neuropathy, Grade 3 Fatty Liver, Advanced Metabolic Syndrome, Very Severe Obstructive Sleep Apnea, PIVD, CIVD (Cervical Spondylitis), Grade 3 Hypertension, Complicated 4 Diabetes. It is stated that the petitioner was admitted to Medharbour Hospital, Gurugram, Haryana, on 30/5/2023, on account of his severe deteriorating health condition during his time in custody, as the Medical facility in Tihar Jail was unable to adequately manage his severe condition. The petitioner had undergone several medical examinations during the time he was admitted at Medharbour Hospital. He was advised to undergo bariatric surgery to be performed as 'Life Saving Surgery' on account of his morbid obesity which was performed on an urgent basis on 18/8/2023. Following his surgery, the petitioner had remained admitted in Fortis Hospital for post-operative care until 31/8/2023. Thereafter, vide order dtd. 31/8/2023, the learned Trial Court had ordered his immediate discharge from the Hospital, and he was thus, sent back to judicial custody. Thereafter, the petitioner had preferred interim bail application before this Court and vide order dtd. 6/9/2023, this Court had allowed him to be hospitalized in RML Hospital, Delhi where he remains admitted till date.

(3.) Learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner is constrained to approach this Court in view of his worsened medical condition despite him remaining continuously admitted in RML Hospital. It is stated on behalf of petitioner that he needs urgent medical attention due to recurrent vomiting, abdominal pain, nausea, and altered urine output, the petitioner's condition has not shown any improvement even after more than 200 days of hospitalization. In fact, there has been a serious deterioration in the petitioner's condition and continuous vomiting episodes have now increased to a range of 10-12 times a day as on date, as can be seen from the nursing record of the Hospital. It is submitted that the petitioner is currently receiving constant intravenous (IV) injectables, administered thrice daily to control recurrent vomiting episodes, despite which there are about 10-12 vomiting episodes per day. It is further stated that the petitioner had experienced two seizure episodes/psychogenic nonepileptic seizures (PNES) at RML Hospital on 22/11/2023 and 18/2/2024. It is also pointed out that petitioner is a diagnosed case of Grade 3 Hypertension, characterized by refractory and resistant hypertension and further has a history of multiple abnormal ECG results. It is further submitted by learned Senior Counsel that MRI of the petitioner's brain had revealed the presence of small vessel ischemic disease. Further, it is submitted that in addition to elevated blood sugar levels, the petitioner has experienced 5-6 episodes of low blood sugar/hypoglycaemia attacks also. It is further argued that since undergoing bariatric surgery on 18/8/2023, the petitioner has been confined to a liquid diet regimen i.e. milk, soup and tea, but the continuous requirement of a liquid diet for more than 200 days raises questions about the progression of his recovery. It is further argued on behalf of petitioner that he was advised by his treating doctors, prior to his hospitalization in RML Hospital, to undergo several medical examinations/treatment, however, the same have either not been done at all or not been done effectively and properly at RML Hospital even after more than 200 days of hospitalization. It is argued that the RML Hospital handles an extensive patient load and faces significant challenges in providing individualized and specialized care to each patient and the medical examination facilities at the hospital are consistently pre-booked way in advance, often leading to delays in accessing necessary and urgent diagnostic tests. Learned Senior Counsel also argued that the other co-accused persons in the same ECIR, with similar or less serious medical issues, have been permitted by this Court and the learned Trial Court to seek medical examination and treatment at hospitals, with the doctors of their choice. Therefore, it is prayed that the petitioner be admitted at Arihant Hospital, Sector - 52, Gurugram, a specialized palliative care facility which focuses on post-surgery rehabilitation.