Excise Policy Case: Delhi High Court Denies Regular Bail To Businessman Sameer Mahendru On Medical Grounds

The Delhi High Court has denied regular bail to businessman Sameer Mahendru on medical grounds in the money laundering case related to the implementation of previous liquor policy in national capital.

Justice Swarana Kanta Sharma observed that Mahendru is not suffering from any life threatening condition or sickness or infirmity involving danger to his life and for which treatment cannot be provided to him in jail.

The court further noted that Mahendru is getting adequate medical attention and that the the prison authorities have even allowed him to get treatment from his doctor on an “out patient basis” as and when required.

“Thus, there are no grounds to enlarge the applicant on regular bail in the present ECIR,” the court said.

However, it clarified that the jail authorities must ensure that Mahendru is taken for follow-up and physiotherapy sessions at VNA Hospital and that he is not left unattended in the jail cell or dispensary.

Justice Sharma said that the laws of individual’s right to liberty while being a precious right “has to be surrendered” in favour of the State when the grounds so exist for the same. The court said that while prisoners are unable to look after themselves in detention, the health services and care have to be equivalent to that available to the outside general citizen.

“The Court, in accordance with Article 14 of the Indian Constitution, is duty-bound to approach such matters with impartiality and objectivity. It cannot be swayed by the economic stature of the litigants, rather, it must focus on the merits of the case and the settled principles of law and be guided by judicial precedents,” the court said.

Noting that the allegations against Mahendru are that he was one of the main conspirators and a key player in the formulation of the excise policy, the court said that while his right to healthcare and medical

treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.

“There is no denying the fact that the applicant has undergone about five surgeries in the past, however, as on date, he is recovering in the jail itself and as per the report of AIIMS, he is only required to follow the medical and rehabilitation protocols as suggested to him and supplement the same by regular exercise and physiotherapy,” the court said.

Counsel for Petitioner: Mr. Kirti Uppal, Mr. Vikas Pahwa and Mr. Pramod Kr. Dubey, Senior Advocates alongwith Mr. Dhruv Gupta, Mr. Prabhav Ralli, Ms. Namisha and Mr. Anubhav Garg, Advocates

Counsel for Respondent: Mr. Zoheb Hossain, Mr. Vivek Gurnani, Mr. Kartik Sabharwal and Ms. Manisha Dubey, Advocates

Title: SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT

Citation: 2023 LiveLaw (Del) 998

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