'Sorry State Of Affairs': Delhi HC Summons Tihar Jail Superintendent Over Failure To Provide Medical Assistance To PMLA Accused

The Delhi High Court has summoned a superintendent of Tihar Jail over failure to provide medical assistance to an accused in a money laundering case despite a judicial order.

Justice Chandra Dhari Singh directed the concerned Jail Superintendent to be present before the Court on November 26 and explain the reasons as to why contempt proceedings should not be initiated against him for wilful disobedience of the order.

The Court said that it is a “sorry state of affairs” that the medical condition of the accused was not taken seriously by the Jail authorities, which is a direct violation of the fundamental rights provided by the Constitution of India.

“Even though the applicant/petitioner is an accused in the serious crime money laundering, this Court believes that he has every right to avail the best medical treatment and no authority can curtail the Fundament Right provided to him by the Constitution of India,” the Court said.

On October 18, the Court had directed the jail authorities to take the accused, who was diagnosed with seizure disorder, to the hospital. Due to non-compliance of the order, the Court on November 13 had directed the Jail superintendent to file a personal affidavit.

The counsel for the accused submitted that the affidavits filed by the authorities were a complete eye wash and that no steps were taken to comply with the judicial order.

The Court perused the affidavit filed by the Jail authority and said that the directions were not willfully complied with.

Justice Singh took serious view to the willful disobedience to the order and said that such non-compliance was unacceptable in cases where there is serious concern regarding the health condition of a detainee.

The Court said that the accused was in dire need of medical assistance and the medical facilities available in the Jail were not sufficient for his proper treatment.

“At this stage, due to casual approach taken by the Jail authorities in a case of serious medical emergency, this Court also deems it appropriate to direct the highest authority of the Jail, i.e. DG, Prisons, Delhi to inquire into the matter and file a personal affidavit regarding the lapse on part of the concerned Jail authority before next date of hearing,” the Court said.

Taking into the seriousness of the illness, the Court granted interim bail for 10 days to the accused.

“…the applicant shall be released from jail on 20th November, 2024 for his medical treatment at Max Hospital, Saket and after the expiry of period of ten days on interim bail from date of release, he shall surrender before the Jail Superintendent/Court concerned,” it ordered.

Title: ADITYA KRISHNA v. ED

Click here to read order