A Delhi court said on Wednesday said that extensive election campaigning and meetings done by Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal during the recently concluded Lok Sabha elections shows that he is not suffering from any serious or life-threatening ailments and he is not entitled to interim bail under the provisions of the Prevention of Money Laundering Act (PMLA).
Special Judge Kaveri Baweja of the Rouse Avenue Court observed that Diabetes or even type-2 Diabetes are not serious diseases and thus do not make a case for interim bail to Delhi CM in connection with the Delhi Liquor policy case.
"As stated earlier, it is also the plea of the Applicant (Kejriwal) that he is suffering from Diabetes Milletus for which certain orders have also been passed by this court on earlier occasions. However, Diabetes or even type-2 Diabetes cannot be said to be so serious an ailment so as to entitle him to the relief claimed. Further, the extensive campaigning tours and related meetings/events undertaken by Sh.Arvind Kejriwal as highlighted during the course of arguments also indicate that he does not appear to be suffering from any serious or ‘life threatening’ ailment so as to entitle him to the beneficial provision as contained in proviso to Section 45 PMLA."
Noting that the Kejriwal sought interim bail on the ground of diagnosis of an illness from which he could be suffering i.e. Diabetic Ketoacidosis of which high ketone levels is stated to be an indicator, and a series of tests are stated to have been prescribed for him, the court said that tests can be done in custody.
"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. Apparently, as per the Applicant (Kejriwal)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."
The judge said that here appears to be no reason as to why such diagnostic tests cannot be got conducted while he is in custody. In the light of the above discussion, no ground whatsoever is made out to grant the relief prayed for by the Applicant.
However, the court held that the health concerns of Kejriwal must be addressed immediately and directed the Medical Board of AIIMS to be reconstituted for him. The Medical Board shall, besides complying with the earlier order dated 22.04.2024, also examine Kejriwal and prescribe such diagnostic tests as deemed appropriate, within three (03) days.
"The Jail Authorities shall ensure that the prescribed recommended tests/evaluations of the Applicant are got 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."