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Delhi Court Allows Arvind Kejriwal's Wife Access to His Medical Records, Permits Her to Seek Doctors' Advice - 2024-07-07

Subject : Criminal Law - Prisoner Rights

Delhi Court Allows Arvind Kejriwal's Wife Access to His Medical Records, Permits Her to Seek Doctors' Advice

Supreme Today News Desk

Delhi Court Allows Arvind Kejriwal 's Wife Access to His Medical Records, Permits Her to Seek Doctors' Advice

Partial Relief for Jailed Chief Minister

In a partial relief to Chief Minister Arvind Kejriwal , a Delhi court on Saturday allowed his wife Sunita Kejriwal to independently consult doctors who are examining him. Kejriwal is in judicial custody till July 12 for his alleged role in the excise policy case.

Special Judge Kaveri Baweja of Rouse Avenue Court also directed the jail authorities to supply the Chief Minister's medical records to his wife. The court, however, denied Sunita permission to be Kejriwal 's attendant during the checkups by the medical board that was set up earlier following the court's directions to examine the Chief Minister.

Adhering to Prison Rules

"...Delhi Prison Rules, 2018, permit the presence of a family member as an attendant...only when the prisoner is admitted in a hospital," the Judge underlined, adding that there was "no reason to carve out an exception" for the Chief Minister.

Kejriwal 's counsel had earlier highlighted that his fluctuating sugar levels and increased ketone levels could be indicative of "diabetic ketoacidosis", a complication that could be fatal. The court had earlier directed the constitution of a medical board of doctors from the All India Institute Of Medical Sciences (AIIMS) to provide specialized consultation for the Chief Minister's treatment and to prescribe him a diet and exercise plan.

Providing Home-Cooked Meals

In the application moved by Kejriwal , the court was requested to allow his wife to be an attendant so that she was aware of the treatment being administered to him and to ensure that the medically prescribed diet was provided to him. The court noted that Kejriwal 's family members have been providing home-cooked food to him in accordance with the diet prescribed by the AIIMS medical board.

Accessing Medical Records

Regarding granting Kejriwal 's wife access to his medical records, the court said the prison authorities did not have any objection and during the proceedings, the chief minister agreed that his medical records were being "duly shared" by the authorities concerned.

"Accordingly, insofar as the prayer of the applicant regarding providing the medical records of his medical meetings/consultations with the doctors to his wife is concerned, the same is allowed and the jail authorities are directed to provide the medical records of the applicant," the court said.

The court also permitted Sunita Kejriwal to independently consult and seek advice from the medical board or doctors on her husband's behalf, particularly regarding the preparation of the medically prescribed diet.

Kejriwal was arrested by the Enforcement Directorate (ED) on March 21 in the excise policy case. He was granted interim bail until June 1 by the Supreme Court for election campaigning, after which he surrendered before Tihar Jail. In June, the Chief Minister was also arrested by the CBI, which is investigating the corruption case related to the now-scrapped excise policy. He is currently in judicial custody in both the CBI and ED cases.

medical records - prisoner rights - independent consultation - prescribed diet - prison rules - judicial custody - excise policy case

#LegalUpdate #MedicalRights #PrisonReform

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