MUMBAI: The Bombay high court on Friday reserved for orders, a plea by former Maharashtra Minister and leader of Nationalist Congress Party (NCP) Nawab Malik for interim medical bail in an Enforcement Directorate (ED) case of alleged money laundering.
While senior counsel Amit Desai for Malik argued that a chronic kidney disease and dependence only on 60 percent of one kidney, the other having failed, deserves to be considered for bail on health grounds. Malik has been in a private hospital under treatment for over a year since his arrest and needs a stress free environment to recover, and as an under trial his failing health may be considered as part of his fundamental right to life with dignity.
Desai said, Medical board comprising doctors of JJ hospital as well as Criticare hospital reports demonstrate that Malik’s left kidney has failed and he has lost 16 kgs since his arrest last February.
For ED, additional Solicitor General Anil Singh opposed Malik’s plea for medical bail and said people survive on one kidney. He said Malik has been in a hospital of his choice and has not made any grievance of not receiving any treatment adding that the agency is not opposed to him getting proper treatment but is opposing grant of any medical bail.
Desai said ED has never challenged the hospitalization of the Accused and pointed out judgments of various High Courts as well as Supreme Court where bail had been granted on the account of kidney issues. While ASG Singh cited HC and SC rulings to argue that when medical treatment is being given, the accused has been denied bail on health grounds.
But Desai said there are several ailments Malik has which aggravate the kidney ailments of the Accused which is currently at Stage II-III. The object of bail is to ensure the Accused can explore his treatment option, he said .
Justice Anuja Prabhudessai who heard the matter will now pass orders next week.
