Monday, December 4, 2023

Rouse Avenue Directs Jail Authorities to Provide Medical Facilities for Deepak Talwar

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Rouse Avenue Court on Thursday dismissed the interim bail application of Deepak Talwar who is an accused in the Civil Aviation Scam.

Tanveer Ahmed Mir, the counsel for Deepak Talwar submitted that though he has filed regular bail application but the same may be considered as interim bail application for two months on medical grounds in view of extraordinary circumstances created due to spread of Corona virus.

He submitted that the accused is aged above sixty years and is a heart patient, diabetic and a patient of hypertension due to which his immunity system is very weak and he needs special care and attention, which can be provided to him by family and friends.

He cited the directions given by the Supreme Court and the Delhi High Court to authorities of State and UT’s to make provision for release of convicts on parole for greater period and release under trial prisoner on interim bail in special circumstances. Medical report sent by Jail Superintendent to the court shows medical condition of accused and that the accused has been granted interim bail in another matter.

Amit Mahajan, counsel for ED submitted that no separate application has been moved by Defence Counsel for interim bail. In case, such an application is moved, ED would reply in writing. Nothing in pending application shows that jail authorities are not taking care of the accused which is required in special circumstances due to spread of coronavirus. Medical report submitted by Jail Superintendent is not current report and fresh report maybe called. Supreme Court and High Court have not passed any general order directing subordinate courts that all convicts or under trial prisoners having hypertension or diabetes be released on interim bail. Only directions have been given by higher courts to Government to make policy to release under trial prisoners on interim bail for greater period on parole or release accused on interim bail. No specific directions have been made to release persons over 60 years of age on interim bail or parole.

Additional District Judge Chandra Shekhar after perusing judicial record observed that on humanitarian considerations, interim bail maybe granted on medical grounds to the accused. The spreading of coronavirus all over the world, is a special circumstance which is considered. But defence Counsel has not alleged that Jail authorities are unable to provide medical facilities for general ailments or to protect accused from Coronavirus. The medical report shows that accused has been provided medical treatment.

Pending bail application was dismissed and directions were issued to Jail Superintendent to take medical opinion of doctor and if need be, accused maybe tested for Covid-2019 and appropriate medical facility be provided to the accused.

– India Legal Bureau 

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