The high court here on Tuesday dismissed a plea by the Enforcement Directorate seeking a direction that AAP leader Satyendar Jain, facing prosecution in a money laundering case, be medically examined at any other hospital like AIIMS instead of Delhi government-run Lok Nayak Jai Prakash (LNJP) Hospital.
Justice Dinesh Kumar Sharma said since the matter is now pending before the Supreme Court, nothing remains to be adjudicated in the high court and dismissed the plea.
Former Delhi minister Jain is out on interim bail in pursuance to the order of the apex court which is scheduled to hear the matter on July 24.
The ED’s contention has been that Jain had influence over the hospital as he had been Delhi’s health minister.
“I consider that since the matter is now pending before the Supreme Court, nothing is left here, the Writ petition is dismissed,” Justice Sharma said.
At the time of filing of the petition by ED in July last year, Jain was admitted to LNJP Hospital and the agency’s counsel had emphasised that there was a grave likelihood that Jain, who was the city Health Minister at the relevant time, exercised “influence over LNJP” and had said that even his picture was displayed prominently on the hospital website and he was also the “guest of honour” at an event there.
The Aam Aadmi Party (AAP) leader was arrested on May 30 last year under the provisions of the Prevention of Money Laundering Act (PMLA) and was first sent to police custody and thereafter to judicial custody. He resigned from the Delhi cabinet in February this year.
While the high court had denied him bail, he was granted interim bail on May 26 for six weeks on medical grounds by the Supreme Court which, on July 10, extended the relief till July 24.
In the petition before the high court, ED has challenged a trial court’s July 6 order rejecting the agency’s prayer to get the accused medically evaluated by any independent hospital such as Ram Manohar Lohia Hospital or AIIMS, instead of LNJP Hospital.
” the Directorate of Enforcement has a serious doubt as to whether the Lok Nayak Jai Prakash Hospital or even the GB Pant Hospital would be able to independently assess the medical condition of the respondent (Jain) herein for the reason that these hospitals continue to prominently display the picture of the respondent on its home page.
“… from the plaque commemorating the inauguration of Lok Nayak Hospital, it is evident that the same was done in the presence of the respondent herein as the Guest of Honour, who was holding the portfolio of Minister of Health and Family Welfare, Government of NCT of Delhi,” the petition has said.
It had also challenged the trial court’s July 19 order passed in the interim bail application of Jain.
The ED had claimed that on June 27, 2022, the Investigating Officer (IO) of the case had gone to LNJP Hospital where he found that Jain was sleeping on the patient bed without any cannula on his hand and even the multipara patient monitor was switched off and he was not being monitored by any medical instrument and his wife was present in the room.
“When the IO reached the room, the respondent immediately wore the oxygen mask, the BP apparatus belt, and the monitor was switched on.
“It was under these suspicious circumstances and the fact that prima facie the condition of the respondent was not such which required hospitalisation, an application was preferred (before the trial court) seeking a direction that he may be admitted in any independent hospital like the Ram Manohar Lohia Hospital or AIIMS Hospital at New Delhi for an independent evaluation of his health,” it said, adding that the application was dismissed by the trial court.
