Delhi hotel fire: Owner denied bail
A Delhi court has rejected the interim bail plea on medical grounds filed by the owner of a Malviya Nagar hotel where a fire claimed 23 lives, saying he was already receiving adequate specialised medical treatment in custody. Additional Sessions Judge Samar Vishal was hearing Lovkesh Bajaj's plea seeking four weeks' interim bail, during which he said that the medical exigency cited by the accused had already been addressed through surgery at Delhi's Ram Manohar Lohia Hospital (RML).
In an order dated September 3, the court said, "The court is conscious of the seriousness of the applicant's medical condition and his entitlement to uninterrupted and appropriate medical care. However, the material presently available shows that such care is already being provided… interim bail for four weeks is neither medically indicated nor necessary at this stage".
Bajaj is named as an accused in the case over the fire at the five-storey 'Flourish Stay' B&B in Hauz Rani on June 3, in which 23 people were killed, while 24 others suffered grievous injuries.
The court said a person in judicial custody is entitled to appropriate and adequate medical treatment and that medical requirements cannot be ignored merely because a person is in custody.
However, it said the question was whether his release was medically necessary or whether adequate treatment was already being provided while in custody.
In his bail plea, Bajaj cited serious abdominal complications, saying doctors advised surgical intervention. The court noted that he was first taken to Deen Dayal Upadhyay Hospital and subsequently referred to RML Hospital.
The latest medical report showed that Bajaj had been diagnosed with intestinal obstruction and had undergone exploratory laparotomy and other required surgical procedures.
"The applicant is presently admitted at RML Hospital…There is also nothing in the medical report suggesting that his treatment or recovery requires his release from custody or shifting to a private medical facility," the judge said.
It said that there was no material indicating any inadequacy or denial of medical treatment and no medical advice suggesting that Bajaj required treatment outside the government hospital or that his continued custody impeded his recovery.
"Interim bail on medical grounds cannot be granted merely because an accused is suffering from an ailment or has undergone surgery," the court said, adding that no circumstance requiring his release had been made out.
The court, however, directed the jail authorities to ensure uninterrupted treatment, medication, investigations, post-operative care and follow-up as advised by RML doctors.
It also directed that Bajaj's family be given access to relevant medical records and reasonable access to him, subject to medical advice and security protocols.
Meanwhile, a magistrate court took cognisance of the chargesheet filed in the case and listed the matter for arguments on charge on September 17. Delhi Police has chargesheeted Bajaj, Jay Mishra, the manager-cum-accountant, and Keshav Negi, the cook, alleging that the 26-room establishment was operating in violation of bed-and-breakfast rules that permitted only six rooms.
According to the investigation, Bajaj had applied for a hotel licence, but it was rejected as the property had only one entry and exit point and lacked a fire exit. Police have alleged that instead of reapplying, he operated the establishment under the B&B framework.
The fire allegedly started in the kitchen after Negi left an oil fryer switched on while preparing tea. Police have alleged that the flames spread rapidly through the building, with inflammable material and the single entry-exit route aggravating the situation.
