Amandeep Singh Dhall vs Central Bureau Of Investigation 2024 Latest Caselaw 226 Del

Delhi High Court Amandeep Singh Dhall vs Central Bureau Of Investigation on 8 January, 2024 Author: Swarana Kanta Sharma Bench: Swarana Kanta Sharma $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 03.01.2024 Pronounced on: 08.01.2024 + BAIL APPLN. 2093/2023 MR. AMANDEEP SINGH DHAL ..... Petitioner Through: Mr. Tanveer Ahmed Mir, Mr. Kartik Venu, Mr. Yash Datt, Mr. Shashwat Sari and Ms. Ariana Ahluwalia, Advocates versus DIRECTORATE OF ENFORCEMENT ..... Respondent Through: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani and Ms. Manisha Dubey, Advocates + BAIL APPLN. 2229/2023 AMANDEEP SINGH DHALL ..... Petitioner Through: Mr. Tanveer Ahmed Mir, Mr. Kartik Venu, Mr. Yash Datt, Mr. Shashwat Sari and Ms. Ariana Ahluwalia, Advocates versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Prakarsh Airan, Advocate CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 1 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 SWARANA KANTA SHARMA, J. CRL.M.A. 35750/2023 in BAIL APPLN. 2093/2023 CRL.M.A. 35749/2023 in BAIL APPLN. 2229/2023 1. The instant applications under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C') have been filed by the applicant/petitioner, seeking modification of order dated 22.12.2023 passed by this Court in CRL.M (Bail) 1201/2023 seeking specific directions for the applicant to be sent to Indian Spinal Injuries Centre, Vasant Kunj, Delhi instead of Safdarjung Hospital, Delhi. 2. Learned counsel for the applicant seeks modification of order dated 22.12.2023 passed by this Court in CRL.M (BAIL) 1201/2023 filed in the present matter, whereby the applicant was directed to be transferred to Safdarjung Hospital, Delhi for a period of two weeks under judicial custody. It is argued that applicant be ordered to be shifted to the Indian Spinal Injuries Centre, Vasant Kunj, Delhi where he has already undergone treatment and surgery instead of being sent to Safdarjung Hospital, Delhi for the following reasons: i. Safdarjung Hospital has been declared as a designated COVID centre by the Delhi Government, and the COVID-19 cases in Delhi are exponentially increasing, ii. Safdarjung Hospital does not have the facility of private rooms. Safdarjung Hospital has only wards which have very weak security measures. The petitioner is a whistle-blower in the present matter, and as such there is imminent threat to his life. iii. The General wards in Safdarjung Hospital, Delhi are extremely overcrowded and unhygienic. Patients are lying all over the floors Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 2 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 and cramped up in the two wards which do not have the requisite capacity. The petitioner has a very low immune system, having recently undergone a surgery. iv. Since the concerned doctors at Indian Spinal Injuries Centre, Vasant Kunj, Delhi are well versant with the medical history of the petitioner, having treated him for over a month from 18.10.2023 to 20.11.2023 and medical prescription and treatment plan was designed and designated by the same hospital, the doctors would be able to continue the treatment which was earlier being provided to the petitioner on account of which the petitioner's medical condition had improved. A similar procedure of transforaminal epidural steroid injection has to be administered to the Applicant for C3-C4 joint of the spine. 3. Learned counsel for the applicant further argues that Safdarjung Hospital, Delhi has only General wards and no Private rooms. It is also argued that the hospital security arrangements at Safdarjung Hospital, Delhi are very poor, and since the applicant is a whistle-blower in the matter arising out of present ECIR, he is concerned for his safety as he has imminent danger to his life. It is further argued that the applicant has been suffering from cardio- vascular problems and has been advised to undergo cardio-vascular investigation which are available at Indian Spinal Injuries Centre, Vasant Kunj, Delhi and has to be done under the supervision of a specialist doctor which is not available at Safdarjung Hospital, Delhi. Thus, the applicant prays for being shifted to Indian Spinal Injuries Centre instead of Safdarjung Hospital, Delhi for a period of 12 Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 3 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 weeks, where he was being treated and his medical prescription and treatment plan was designed and designated, in order to receive effective medical treatment till such time that the applicant is fully recovered. 4. Learned Special Counsel for Directorate of Enforcement, while opposing the present applications for modification of order dated 22.12.2023 passed by this Court, argues that the present applications have no legal standing as the order of this Court had attained finality and cannot be subjected to modifications. It is further argued that Safdarjung Hospital, Delhi which is also a jail referral hospital according to jail referral policy has all the relevant physiotherapy facilities, including IFT, TENS, Ultrasonic therapies as have been advised to the applicant by Indian Spinal Injuries Centre, Vasant Kunj, Delhi at the time of his discharge noted in his discharge summary dated 20.11.2023. It is argued that the contention of learned counsel for the applicant that the Safdarjung Hospital, Delhi has COVID patients is incorrect as at present no COVID patient is admitted to Safdarjung Hospital, Delhi. Learned Special Counsel argues that the ground of hygiene and over-crowding of hospital wards is devoid of merit, as the sanitation requirements are being maintained and the hygienic standards of the hospital are monitored around the clock and even private wards are available and well maintained. It is further argued that the contention of learned counsel for the applicant that cardio-vascular investigation cannot be conducted at Safdarjung Hospital, Delhi is incorrect as Safdarjung Hospital has a cardio-vascular unit and a team of specialised doctors Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 4 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 who are specifically trained in cardio-vascular treatment. Thus, it cannot be said that cardio-vascular investigation of applicant can be conducted more professionally and efficiently at Indian Spinal Injuries Centre, Vasant Kunj, Delhi which has only one cardio- vascular specialist than Safdarjung Hospital which has a whole team of specialised doctors trained in cardio-vascular treatments. Thus, the present applications for modification of order dated 22.12.2023 be dismissed. 5. This Court has heard arguments addressed by learned counsel for the applicant and learned Special Counsel for Directorate of Enforcement and has perused the case file along with medical history of the applicant and orders of this Court. 6. This Court had permitted the applicant to be admitted for specialized treatment in ILBS hospital, Delhi vide order dated 19.09.2023 after considering the medical history of the applicant, the advice of the doctor concerned and requirement for his further treatment. Thereafter, this Court had allowed the request of applicant to be admitted for further treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi for a period of three weeks vide order dated 16.10.2023. 7. The applicant had thereafter moved an application for extension of the duration of medical treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi, after which the medical condition of the applicant was verified from the concerned hospital and a medical report dated 06.11.2023 was prepared by Associate Director, Department of Spine Services, Indian Spinal Injuries Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 5 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 Centre, Vasant Kunj, Delhi, which had opined the medical condition of the applicant to be stable. Thus, this Court, after considering the improvement in the medical condition of the applicant, had dismissed the application for extending the stay of the applicant at the concerned hospital vide order dated 17.11.2023. This Court had however directed the jail authorities to ensure that the applicant is provided with the treatment, as prescribed by the doctors concerned, and as per the jail hospital referral policy. 8. The applicant had thereafter moved an application for grant of interim bail on the ground that the medical staff at the Jail Hospital is not being able to provide physiotherapy sessions and epidural steroid injection for C3-C4 joint which have been prescribed by his treating doctor, after which, this Court had vide order dated 14.12.2023 directed the Superintendent, Jail No. 7, Tihar Jail to submit an appropriate report to this Court verifying whether the Jail Hospital is equipped with the requisite facilities necessary for proper medical treatment of the applicant, as prescribed to him, by the Indian Spinal Injuries Centre, Vasant Kunj, Delhi where surgery was conducted upon him. The medical report which was submitted to this Court had revealed that the machines needed for the physiotherapy sessions of the applicant, i.e. IFT and ultrasonic machines are not available in Central Jail-07 dispensary. Thereafter, this Court after considering the medical status report and that the jail premises did not have the required equipments for physiotherapy sessions of the applicant had directed the prison authorities to shift the applicant to Safdarjung Hospital, Delhi for required physiotherapy sessions in terms of post- Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 6 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 epidural treatment. The relevant portion of order dated 22.12.2023 reads as under: "...CONCLUSION i. The Decision 27. At this stage, this Court notes that the medical facilities available at the jail dispensary is not able to provide the medical treatment which is required by the applicant, as adviced by the doctors concerned in terms of post-epidural care after his spinal surgery. Thus, considering that at this stage, no immediate arrangement can be made by the jail dispensary for ensuring appropriate medical care. of the applicant, this Court deems it fit, for the purpose of ensuring that a balance is struck between the right of the prisoners to appropriate medical care and the right of the State to ensure rule of law, to allow the request of applicant to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi. In case, the required medical care is not available at Safdarjung Hospital, Delhi, the applicant may move a fresh application before this Court for being treated at Indian Spinal Injuries Centre, Vasant Kunj, Delhi. 28. This Court issues the following directions qua the prayer of the petitioner: a) The applicant be admitted to Safdarjung Hospital, Delhi, which is also a referral hospital as per Jail Referral Policy, Delhi for a period of two weeks, within two days of receipt of this order. However, the applicant shall continue to be in the custody of Superintendent of Jail concerned, and the Jail Superintendent concerned shall ensure that appropriate and adequate security is provided/deputed in the hospital since the accused will continue to remain in judicial custody though under treatment in the hospital. b) The Jail Superintendent concerned shall make arrangement to shift the applicant in an ambulance to the said Hospital. c) The Medical Superintendent of Safdarjung Hospital, Delhi will constitute a medical board which will furnish a weekly report to this Court regarding the medical status of the applicant and the need to continue treatment or hospitalization and also provide a copy of the same to the Enforcement Directorate and Central Bureau of Investigation. d) It is also ordered that the entire expenses of medical treatment, hospitalization, security, and other incidental Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 7 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 expenses incurred on the treatment shall be borne by the applicant. e) During hospitalisation, the wife and children of the applicant are permitted to meet him between 11 AM to 12 PM and between 4 PM to 5 PM subject to the meeting hours and applicable rules of the hospital. The mother of the applicant Smt. Simrit Dhall will be permitted to meet the applicant daily during the prescribed meeting hours of the hospital. The sisters of applicant i.e. Smt. Simer Dhall and Smt. Komal Singh Dhall will be permitted to meet the applicant on alternative days during the meeting hours of the hospital. f) The concerned Superintendent Jail shall ensure that the meeting schedule so mentioned above will be strictly adhered to. g) The applicant shall not be allowed to use phone. h) The family members of applicant may provide him home- cooked food, if so allowed by the doctor concerned. i) The family members of the applicant shall not be allowed to carry phone with them, while meeting the applicant. j) The learned counsel for the applicant will be allowed legal interview with the applicant, as per jail manual and rules..." 9. At this juncture, applicant is before this Court to seek modification of order dated 22.12.2023 passed by this Court in terms that the applicant be shifted to Indian Spinal Injuries Centre, Vasant Kunj, Delhi instead of Safdarjung Hospital, Delhi on the following grounds: i. Safdarjung Hospital, Delhi has been declared as designated COVID Centre and COVID cases are on rise. ii. Safdarjung Hospital, Delhi lacks the facility of private rooms and has only General wards. The General wards of Safdarjung Hospital is extremely over-crowded and unhygienic. iii. The security at Safdarjung Hospital, Delhi is very poor and since the applicant is a whistle-blower in the present matter there is imminent threat to his life. Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 8 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 iv. The doctors at Indian Spinal Injuries Centre, Vasant Kunj, Delhi are well-versed with medical history of the applicant and the doctors would be able to continue the treatment which was earlier being provided to the applicant. v. Indian Spinal Injuries Centre, Vasant Kunj, Delhi has specialised doctor for cardio-vascular treatment and would be appropriate for the applicant to get his cardio-vascular investigation done at Indian Spinal Injuries Centre, Vasant Kunj, Delhi since he is suffering from cardio-vascular problems. 10. This Court notes that the impugned order of this Court had directed the applicant to be shifted to Safdarjung Hospital, Delhi for his physiotherapy sessions in terms of post-epidural care on the premise that the required equipments for his physiotherapy sessions, including IFT/TENS/Ultrasonic machines were not available in the jail premises. In this Court's opinion, the contention earlier raised was purely on account of non-availability of machines for physiotherapy which were available in Indian Spinal Injuries Centre, Vasant Kunj, Delhi which were not available in Tihar Jail. This Court in this regard notes that it is the cardinal principal of law, that what cannot be achieved directly, can also not be achieved indirectly. At the outset, this Court notes that while considering the application for modification of impugned order, this Court has to consider as to whether the required physiotherapy machines in terms of post- epidural care is available at Safdarjung Hospital, Delhi or not. In this regard, this Court notes that the Status Report filed on behalf of Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 9 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 Directorate of Enforcement reveals that Safdarjung Hospital, Delhi has all the relevant physiotherapy machines including IFT, TENS, Utrasonic as have been advised to the applicant in terms of post- epidural care. In this case, this Court notes that the primary grievance of the applicant that applicant should receive appropriate physiotherapy sessions in terms of post epidural care has been met as Safdarjung Hospital, Delhi has all the machines and management techniques required to treat the present accused. 11. With regard to the contention of the applicant that Safdarjung Hospital, Delhi has been declared as designated COVID-19 Centre, it is noted that a perusal of Status Report filed by Directorate of Enforcement reveals that at the present there are no COVID-19 patients admitted in the hospital. This Court also notes that Safdarjung Hospital, Delhi has the facilities of Private wards in Zone- I of Super speciality Block of the hospital, and thus the contention of the learned counsel for the applicant that the general wards of Safdarjung Hospital, Delhi are over-crowded thus, is without merit. In such circumstances, this Court considering the medical condition of the applicant directs his admission in the Private ward of Safdarjung Hospital, Delhi. 12. This Court takes note of the fact that the accused has not even visited Safdarjung Hospital, Delhi as per order of this Court dated 22.12.2023, though an urgent application had been moved before this Court, stating therein, that the accused needed urgent medical attention. The accused, on the other hand, had filed before the Jail Superintendent, an application/letter informing him that he did not Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 10 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 want to be admitted at Safdarjung Hospital, Delhi due to various reasons, and rather he should not be shifted to Safdarjung Hospital for any medical treatment, since he is going to file a review of order dated 22.12.2023. 13. Further, the contention of learned counsel for the petitioner that there is one cardio-vascular specialist in Indian Spinal Injuries Centre, Vasant Kunj, Delhi and therefore, the Centre will be able to cater to his needs for his cardio-vascular assessment has to be rejected on the premise that Safdarjung Hospital has 13 cardio- vascular specialists. It also has a super-speciality unit, which has private rooms. Therefore, the accused can be taken to a private room in the super-speciality unit, where all the machines as well as his further treatment and cardio-vascular assessment unit can be made. His insistence on one particular hospital cannot be acceded to in absence of any material on record that the hospital in question which is also one of the premier hospitals of the country, having all the facilities cannot cater to his needs as Indian Spinal Injuries Centre, Vasant Kunj, Delhi. 14. This Court has also taken into consideration the fact that the applicant did not even visit Safdarjung hospital and rather refused to be treated in the said hospital and sought modification of the order on the grounds which did not exist. All the facilities as required by him and available at Indian Spinal Injuries Centre, Vasant Kunj, Delhi are available in the Safdarjung Hospital, Delhi. 15. This Court is fully cognizant of the fact that the applicant has the right to receive proper and adequate medical treatment, however, Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 11 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37 it cannot be the case that the applicant be provided such treatment in a specific private hospital, when such treatment is available at Jail Referral Hospital which also is a premier State hospital and the necessary physiotherapy machines as well as specialist doctors in all fields of medicines are available in the said Hospital. 16. In view of the above discussion, this Court finds no ground to modify the impugned order except to the extent that he will be admitted in a Private ward/room in Zone-I of Super speciality Block of the Safdarjung hospital, Delhi. The doctors concerned will ensure the accused receives the treatment as required by him not only limiting to his spinal surgery and its post operative care and physiotherapy etc. but also any other ailment that he may be found to be suffering from including any cardio-vascular disease. 17. In addition, the doctors concerned at Safdarjung Hospital, Delhi may also consult the treating doctor of the accused at Indian Spinal Injuries Centre, Vasant Kunj, Delhi through video- conferencing for any assistance or clarification. The jail authority will make available all the medical record of the accused to him when he is admitted at Safdarjung Hospital, Delhi. 18. Accordingly, the present application seeking modification of order dated 22.12.2023 stands disposed of in above terms. 19. The judgment be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 08, 2024/At Signature Not Verified BAIL APPLN. 2093/2023 & connected matter Page 12 of 12 Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.01.2024 19:27:37