J U D G M E N T

INDEX TO THE JUDGMENT GRIEVANCE OF THE APPLICANT ............................................ 3 ARGUMENTS ADDRESSED ON BEHALF OF DIRECTORATE OF ENFORCEMENT ........................................ 6 ANALYSIS AND FINDINGS ........................................................... 7 i. The Sequence of Events .......................................................... 7 ii. Medical Condition of the Applicant ..................................... 10 iii. Prisoner’s Right To Health and Appropriate Medical Treatment .............................................................................. 12 iv. Public Perception of Preferential Treatment ......................... 14 v. Lack of Appropriate Medical Treatment Facilities In Delhi Prisons ......................................................................... 15 CONCLUSION ................................................................................ 18 i. The Decision ......................................................................... 18 ii. Directions to the Government of NCT of Delhi ................... 20 SWARANA KANTA SHARMA, J.

CRL.M.(BAIL) 1723/2023 (for interim bail) in BAIL APPLN.

2093/2023 CRL.M.(BAIL) 1724/2023 (for interim bail) in BAIL APPLN.

2229/2023

1. The instant applications under Sections 439 read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) read with Section 45 of the Prevention of Money Laundering Act, 2002 (‘PMLA Act’) has been filed on behalf of applicant seeking grant of interim bail in ECIR/HIU-II/14/2022 dated 22.08.2022, registered with ED, Delhi under Section 3 and 4 of PMLA and in RC003/2022/A/0053 dated 17.08.2022, registered at Police Station CBI, Anti-Corruption Branch Lodhi Road, Delhi, for a period of twelve weeks on medical grounds.

GRIEVANCE OF THE APPLICANT

2. The Grievance of the applicant, in a nutshell, is that the applicant is not being provided proper and appropriate treatment in terms of post-epidural care in the prison premises, and thus, the applicant seeks that he be released on interim bail, in order to get appropriate treatment from Indian Spinal Injuries Centre, Vasant Kunj, Delhi.

3. Mr. Tanveer Ahmed Mir, learned counsel for the applicant, states that the applicant was arrested in the present case on 01.03.2023 and has been incarcerated since then and is presently lodged in Jail No.7, Tihar Jail, Delhi. It is stated that the applicant had preferred an appeal seeking extension of duration of medical examination and treatment at Indian Spinal Injuries Centre, Vasant Kunj, New Delhi which was dismissed by this Court vide order dated 17.11.2023 wherein this Court had directed the jail authorities to ensure that the applicant is provided with the treatment as prescribed by the doctors concerned. It is argued that the present interim bail application has been preferred owing to the lack of facilities at jail hospital for providing effective medical treatment to the applicant in terms of regular physiotherapy sessions as prescribed by the concerned doctor at Indian Spinal Injuries Centre, and lack of facility in jail hospital for administering epidural steroid injection/and other necessary procedures for C3-C4 joint of the applicant. It is argued that the applicant is required to be released on interim bail since effective and adequate medical treatment in terms of post epidural care is not being provided in the jail premises. It is submitted that pursuant to the order dated 17.11.2023 passed by this Court in the present case, the applicant was discharged from the Indian Spinal Injuries Centre on 20.11.2023. It is stated that as per the discharge summary of the applicant, he was evaluated and diagnosed as a case of C3-C4 herniated nucleus pulposus (Annular tear) and Right C6-C7 foraminal disc Osteophyte complex causing stenosis. The applicant had undergone C6-C7 transforaminal epidural steroid injection and Right C6-C7 facet joint block under local anaesthesia. The applicant was advised to contin