Kejriwal interim bail plea on medical grounds rejected by court

| | New Delhi
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Kejriwal interim bail plea on medical grounds rejected by court

Thursday, 06 June 2024 | Staff Reporter | New Delhi

In yet another setback to Delhi Chief Minister Arvind Kejriwal, a city court on Wednesday dismissed his application for interim bail on medical grounds in the money laundering case linked to the alleged excise policy scam.

Special Judge Kaveri Baweja directed the Tihar jail authorities to take care of his medical needs in judicial custody while extending Kejriwal’s judicial custody till June 19. The court stated that the diagnosis of an anticipated ailment can not be a reason to grant bail. “In my considered opinion, the ground for grant of interim bail i.e. for conducting tests in order to determine if high ketone levels or the stated weight loss could have caused Diabetic Ketoacidosis, stands on an even weaker footing than a medical ground,” the court stated.

She said, “Apparently, as per the Applicant himself, he seeks interim bail for ‘diagnosis’ of an anticipated ailment which, cannot be said to be a valid ground for the relief prayed for, particularly when this concern can be addressed while the Applicant is in custody. There appears to be no reason as to why such diagnostic tests of the Applicant cannot be conducted while he is in custody.”

The court is scheduled to take up on June 7 his application seeking default bail in the case. During the hearing on Saturday, the ED had opposed the application, saying he campaigned throughout the Lok Sabha elections but “now when he has to surrender, he suddenly claims to be ill”.

During the hearing, the ED alleged that Kejriwal wanted to “cheat” the court. The ED’s counsel said, “A person who claims on TV that I may die, kidney failure etc, didn’t go for a basic test since May 25. The entire system cannot be taken for a joy ride. It is a game being played by the litigant with the system. The prayers may not be granted.”

Seeking the relief, Kejriwal’s counsel told the court that despite his ill health, the AAP leader campaigned because that was the purpose for which the interim bail was granted by the Supreme Court.

The city court stated, “The Medical Board shall, besides complying with the earlier order dated April 22, also examine the Applicant and prescribe such diagnostic tests as deemed appropriate, within three days. The Jail Authorities shall ensure that the prescribed recommended tests/ evaluations of the Applicant are conducted without any delay. Upon receipt of the Test Reports, the Medical Board shall prescribe the further necessary treatment as may be required and the Jail Authorities shall ensure that the treatment so prescribed by the Medical Board is provided to the Applicant forthwith, under intimation to this court.”

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