Arrest Cannot Be Used To Inflict De-Facto Death Penalty: Jet Airways Founder Naresh Goyal Approaches Bombay High Court For Bail In Money Laundering Case

Jet Airways founder Naresh Goyal has approached the Bombay High Court seeking bail in a money laundering case arising out of an alleged loan default of Rs. 538 Crores given to Jet Airways by Canara Bank.

Justice NJ Jamadar sought the response of the Enforcement Directorate (ED) and scheduled the matter for hearing on May 3, 2024, while Goyal will remain in the hospital, under judicial custody.

“It may well be that these few months that follow may be the end of the road for the Applicant and his wife. In these circumstances, to keep the Applicant in incarceration and limiting his bail to stays in hospital where he cannot be with his wife, is a gross violation of basic human rights. Prisoners of war are not accorded treatment that is so degrading and inhuman”, Goyal has contended in his bail application.

Goyal was arrested by the ED on September 1, 2023, on charges of money laundering amounting to Rs 538.62 crore related to Jet Airways. Goyal, who is currently undergoing treatment for cancer at HN Reliance Private Hospital, was denied permanent bail on medical grounds by a special PMLA court on April 10, 2024. Thus, he approached the High Court.

“Pre-trial arrest even under the PMLA is to assist in the investigation and to prevent the accused from tampering with the evidence. However, it has to be balanced with the basic human rights of the accused and cannot be used to inflict a de-facto death penalty on the accused…He is suffering from duodenal cancer the treatment for which is complicated. The wife of the Applicant has come down with severe cancer and despite multiple surgeries the cancer has reappeared. This state of health of his wife is exacerbating the mental condition of the Applicant”, Goyal's plea highlights.

In his application, he has said that his wife is also suffering from cancer and is in a critical condition. The application contends that bail should be granted based on Article 21 of the Constitution so that Goyal can be with his wife during her critical stage of illness.

The petition contends that denying him bail restricts his fundamental right to life under Article 21 and contends that his current incarceration is inhumane, given his and his wife's health conditions.

“The Applicant and also his wife are entitled to the protection afforded in Article 21 of the Constitution. In the twilight of their lives, whilst they both battle life threatening conditions they must be permitted to provide each other succor as the others, primary care giver”, the application reads.

The application states that Goyal is her primary caregiver responsible not only for her care but also for the decision-making surrounding her treatment.

The application also mentions that Goyal wants to explore alternative treatments for his illness and seek a second opinion, which he cannot do while sitting in a hospital under judicial custody. Further, during and after chemotherapy treatment, he will require a clean, sterile, sanitized and hygienic environment and cannot be sent back to jail, the application states.

The application also points out that despite the seriousness of Goyal's health condition, the trial is yet to commence, and there is no supplementary prosecution complaint filed by the ED.

In February, a Special PMLA Court denied Goyal interim bail on medical grounds but allowed him to be hospitalized for two months for cancer treatment.

Last year, the HC also refused to quash Goyal's arrest.

Case Title – Naresh Goyal v. ED