The Enforcement Directorate (ED) informed the Bombay High Court recently that stress cannot be considered a valid reason to grant bail to an accused on medical grounds.
The ED opposed the plea for bail put forth by Nawab Malik, the former Maharashtra cabinet minister and Nationalist Congress Party (NCP) leader.
Anil Singh, the Additional Solicitor General (ASG), who represented the ED in court, stated that stress is a common experience for everyone and cannot be used as a basis for seeking bail. In response to Malik’s argument, which emphasized his right to reside in a stress-free environment and requested bail based on his medical condition, the ASG presented this counter-argument.
“This general contention that there is stress, so grant me bail, that cannot be a ground. Everyone has stress. Who is living without stress in their lives,” the ASG asked.
A single bench of Justice Anuja Prabhudessai was hearing the matter.
Malik approached the Court seeking bail on both merits and medical grounds. Today, the Court prioritized hearing Malik’s plea based on medical grounds and reserved its decision specifically on that aspect.
The judge then stated that she would deliver her verdict on the limited prayer during the following week.
Malik was arrested by the ED on allegations related to the purchase of certain property at a price lower than its market value.
After a special PMLA court acknowledged the chargesheet in May 2022, Malik filed a petition for regular bail.
Following the rejection of his bail plea by a Mumbai special court on November 30, 2022, he moved the High Court.
Malik mentioned in his plea that the Special Court had neglected to consider the observations made by the High Court when it granted bail to former Maharashtra Home Minister, Anil Deshmukh.
Senior Advocate Amit Desai, representing Malik, strongly emphasized the deteriorating health of the former minister to persuade the court to grant bail based on medical grounds.
He contended that Malik’s physical condition was severe due to multiple kidney ailments, with a deteriorating condition specifically in his right kidney.
Furthermore, Desai added that in addition to medical treatment, Malik needed to reside in a stress-free environment and regain fitness to effectively participate in the trial. Consequently, Desai submitted that bail should be granted to allow Malik to consult with doctors.
However, the ED strongly objected to this submission. ASG Singh argued that when an individual seeks relief on medical grounds, the crucial aspect is to ensure that the person receives appropriate medical treatment, which has already been provided in this case.
It was submitted that Malik is currently receiving treatment from a private hospital of his preference.
“We will never oppose for treatment but we will oppose bail on medical ground. Today he is not saying send me to some other hospital. He wants to stay in the hospital he is in, but he says give me bail. The only ground is stress free environment. This general contention that there is stress, so grant me bail, that cannot be a ground. Everyone has stress. Who is living without stress in their lives?” the ASG opined.
The ASG also challenged Malik’s assertion that he was living with one kidney functioning at 60 percent capacity.
“There are reports from 2 years before his arrest. Those also show that there is kidney problems. This problem was there since 2020. Even with such kidneys, he was leading a normal life. There is nothing here that says that right kidney functioning has reduced to 60%. We are not experts. But the doctors of the hospital have not suggested that his kidney has reduced functioning” the ASG further contended.
