Excise Policy: Delhi High Court Allows PMLA Accused To Interact With Daughter Suffering From Paranoid Schizophrenia Through VC, Denies Interim Bail

The Delhi High Court on Friday allowed businessman Amit Arora, accused in the PMLA case related to the excise policy scam, to interact with her 16 years old daughter suffering from Paranoid Schizophrenia through video-conferencing for half an hour twice a week and wished her “complete psychological recovery” as well as a “life time of positive mental health.”

While Justice Swarana Kanta Sharma rejected the interim bail plea moved by Arora on the ground of his daughter’s mental health condition, the court made arrangement for VC meetings and said that the psychological injury that some children may suffer in such cases need healing.

“The Courts should not fail in their duty to act as healers, as in the present case to help the daughter of the applicant who needs support of this Court, though not a party before it,” the court said.

It said that the video-conferencing meetings shall happen as per Prison Rules and Manual on the days of choice and convenience of the accused’s daughter, including her special milestone day or her birthday, in order to support her.

“This Court hopes that the arrangement made above will help the child recover faster through her interaction with her father, increasing feeling of belongingness and improving self-worth and self-confidence,” the court said.

Justice Sharma observed that Arora is allegedly involved in a serious offence where investigation qua the entire conspiracy has still not concluded.

“Therefore, considering that the child has the support of her mother and other family members and is receiving required attention, medical and otherwise, this Court is not inclined to grant interim bail to the accused. Accordingly, the present interim bail application stands dismissed, subject to aforesaid directions,” the court said.

Arora had sought interim bail for a period of 10 days. It was his case that the doctors had advised that his daughter should be kept under strict vigilance as she had tried to commit suicide multiple times and that there was a risk of self-harm.

Arora also told court that the doctors also suggested that the daughter’s mental health condition is on account of his incarceration, and thus therapy sessions were advised.

On the other hand, the Enforcement Directorate submitted that Arora’s daughter was advised vigilance by family members and it was not the case that such vigilance should be only done by both the parents.

Perusing the medical documents placed on record, the court observed that the daughter was being treated regularly for her medical ailments and psychiatric symptoms and that Arora’s wife was always available with the child, alongwith other relatives.

“Thus, in this Court’s opinion, the daughter of the petitioner is being given the best possible treatment and support by her mother and other family members and the medical condition of the petitioner’s daughter is being managed, controlled and treated in the absence of petitioner who himself was admitted in RML Hospital, New Delhi, in judicial custody,” the court said.

Furthermore, Justice Sharma said that the though the court can understand the child’s normal reaction to an abnormal situation where her father is absent due to his incarceration in jail, however, it noted the mother and other family members had largely supported the daughter and were constantly attending to her psychological needs.

Counsel for Petitioner: Mr. Vikas Pahwa, Senior Advocate with Mr. Prabhav Ralli, Ms. Namisha Jain, Mr.Aditya Shukla and Mr.Kushal Gupta, Advocates

Counsel for Respondent: Mr. Zoheb Hossain, Special Counsel for ED with Mr.Vivek Gurnani, Advocate

Title: AMIT ARORA v. DIRECTORATE OF ENFORCEMENT

Citation: 2023 LiveLaw (Del) 1132

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