Extensive Campaigning By Arvind Kejriwal Shows He Isn't Suffering From Serious Ailment To Entitle Him To Bail On Medical Grounds: Delhi Court

While denying interim bail to Chief Minister Arvind Kejriwal in the liquor policy case, a Delhi Court on Wednesday said that the extensive campaigning done by him during the elections shows that he is not suffering from any serious or life threatening ailment so as to entitle him to bail under PMLA.

Kejriwal had sought interim bail for 7 days on medical grounds. 

Special judge Kaveri Baweja of Rouse Avenue Courts said that Diabetes or even type-2 Diabetes cannot be said to be so serious an ailment so as to entitle Kejriwal 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,” the court said.

The judge said the ground for grant of interim bail for conducting tests to determine ketone levels or weight loss, stands on an even weaker footing than a medical ground.

“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,” the court said.

Observing that there was no reason as to why such diagnostic tests of Kejriwal cannot be conducted while he is in custody, the judge issued the following directions:

- Since the health concerns of the Accused/Applicant must be addressed immediately, the Medical Board of AIIMS, which was directed to be constituted vide order dated 22.04.2024 of this court, is hereby directed to be revived and/or re-constituted, if deemed fit by the Director, AIIMS, New Delhi, having regard to the nature of ailments the Applicant is stated to be suffering from.

- The Medical Board shall, besides complying with the earlier order dated 22.04.2024, also examine the Applicant 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.

His regular bail plea is scheduled for hearing on June 07. Arvind Kejriwal was arrested by ED on March 21. He was granted interim bail by the Supreme Court till June 01. He surrendered a day thereafter.

Kejriwal, who was today produced in court from Tihar jail through VC, has been remanded to judicial custody till June 19. He will now be produced before the vacation judge on June 19 at 2 PM.

Recently, ED filed a supplementary chargesheet in the money laundering case naming Kejriwal as well as the Aam Aadmi Party as accused. The court has reserved the order on cognizance on the seventh supplementary chargesheet filed by the probe agency.