Delhi Court Rejects CM Arvind Kejriwal's Plea For Daily Consultation With Doctors Through VC

A Delhi Court on Monday rejected an application moved by Chief Minister Arvind Kejriwal to consult his doctor through video conferencing daily for 15 minutes with respect to his acute diabetes and fluctuating blood sugar level. Kejriwal had also sought to allow his wife to join and remain present on VC.

Special Judge Kaveri Baweja of Rouse Avenue Courts said that the jail authorities shall ensure that all requisite medical treatment is provided to Kejriwal in Jail.

The court added that in case Kejriwal requires special consultation in jail, the Tihar jail authorities shall consult the medical board to be constituted by Director of AIIMS. The medical board constituted will decide about the administration of insulin to Kejriwal. The court said that the medical board will prescribe a diet and exercise plan for Kejriwal.

Court also clarified that Kejriwal can have home cooked food, provided the same is as per the diet prescribed by the medical board.

The Enforcement Directorate (ED) had alleged that Kejriwal is intentionally having mangoes, sweets and tea with sugar in jail to increase his sugar level. The central probe agency had claimed that the Chief Minister was doing so to create a ground for bail.

However, it was submitted on behalf of Kejriwal that mangoes were sent to him in judicial custody in home-cooked food only thrice, out of the total 48 meals.

While disposing of the plea, the court said that food items provided to Arvind Kejriwal in the home cooked food are “quite different” from the diet prescribed by his own doctor.

“This court is also unable to fathom as to why the family of the applicant has been sending various articles against his medically prescribed diet i.e. mango, sweets, aloo puri etc,” the court said. 

The court observed that the jail authorities have offered no explanation as to why the food items which were not as per judicial order and Kejriwal's medical prescription were allowed to be sent to him, in the first place.

“Illustratively stated, the diet chart of the applicant does not prescribe vegetables like potatoes, Arbi and there is also no specific mention of mangoes in the said diet charts of applicant,” the court said.

It added that from the response of the ED and Jail Authorities, it has also emerged that Arvind Kejriwal has never requested for administering Insulin to him.

“Further, the plea of the applicant that insulin is not being given to him despite his repeated requests, also cannot be accepted since insulin cannot be administered to a person suffering from Hyperglycemia only on the basis of his request,” court said.

The judge said that the response of Tihar Jail Authorities reflects that the doctors are posted in jail around the clock and Kejriwal's blood sugar levels are being measured twice a day.

“This court also finds itself in agreement with the submissions that the Applicant cannot be treated differently from other inmates as laws/Jail Manual must apply equally to all. The request for private treatment can only be permitted if the Jail Authorities are unable to provide the requisite medical facilities to the Applicant,” the court said.

It added: “It is apparent that the Jail Authorities have a well developed infrastructure for providing requisite health care to the inmates. Reportedly other jail inmates with similar medical conditions are being provided requisite medical treatment by the Jail Authorities.”

The judge further said that the fact that Jail Authorities have an entire list of home cooked food received by Kejriwal, clearly shows that they were, all along aware about the diet he was receiving.

“The Jail administration neither brought the said non­compliance of the order to the notice of this court, nor took any steps to ensure that the Applicant does not consume those food items which were not prescribed by his doctor,” the court said 

Senior Advocate Abhishek Manu Singhvi appeared for Kejriwal. Zobeh Hossain, special counsel, appeared for ED.

 The counsel for jail authorities had told the court that it is not that Kejriwal is not being monitored in jail or is facing any difficulty. Medical facilities are provided to him, he said.

The application stated that the jail authorities in collaboration with ED, sought to do media trial by alleging that his sugar level is rising because of his diet in jail. It added that ED made an issue about a small portion of fruit (mango) sent thrice in about 48 meals that were sent to Kejriwal.

“That ED has tried to shield Jail Authorities by falsely alleging that sweets were consumed to raise sugar level, knowing fully well that such item was a sugar-free item. That ED also made an absolutely false statement that applicant is having tea laced with sugar to spike up his sugar levels,” the plea stated.

Kejriwal was arrested by the Enforcement Directorate (ED) on the night of March 21. His judicial custody is expiring on April 23.

On April 10, the Delhi High Court dismissed Kejriwal's plea challenging his arrest, observing that ED was able to place enough material, statements of approvers and AAP's own candidate stating that Kejriwal was given money for Goa elections.

The Delhi Chief Minister has challenged the said order of the Delhi High Court bench of Justice Swarana Kanta Sharma before the Top Court. The Supreme Court has issues notice on the plea but refused to grant any interim relief.

AAP leaders Manish Sisodia and Sanjay Singh are also accused in the case. While Sisodia continues to remain in jail, Singh was recently granted bail by the Supreme Court pursuant to a concession given by the ED.

ED has alleged that Arvind Kejriwal is the "kingpin" of Delhi excise scam and is directly involved in the use of proceeds of crime accounting to over Rs. 100 crores.

It is ED's case that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The Central agency has also claimed that there was a conspiracy that was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margins to wholesalers.

Nair was acting on behalf of Chief Minister Arvind Kejriwal and Manish Sisodia, according to the agency.