ED was protesting again and again, it did not go before the High Court, the bench granted bail, the judge said – even a prisoner has rights..
The Bombay High Court, while granting interim bail for two months to Jet Airways founder Naresh Goyal, arrested in a money laundering case, on health grounds, said that a prisoner also has the right to medical treatment and deserves respect. Justice N. J. The single judge bench of Jamadar said that there is a difference between getting treatment as an undertrial and getting treatment as a citizen without any restrictions. On Monday, the bench had granted interim bail of two months to Goyal on medical grounds. A copy of the order was made available on Tuesday.
Goyal (75) had sought interim bail on medical and humanitarian grounds as he and his wife are suffering from cancer. A special court had in February denied bail to Goyal, but allowed him to be admitted and treated in a private hospital of his choice. After this, Goyal had approached the High Court for interim bail.
Justice Jamadar perused the medical records before passing the order and said, “It would not be correct to assume that the applicant (Goyal) is not ill.” The bench said that a prisoner suffering from a serious illness cannot be left in limbo merely because a case has been registered against him under the stringent provisions of the Prevention of Money Laundering Act (PMLA). The bench said, “A prisoner has the right to get treatment to maintain his health. It is the responsibility of the State to provide necessary treatment to a prisoner for his health and safety. A prisoner deserves dignity.”
The bench rejected the ED’s argument that Goyal was undergoing treatment as per his wish in a private hospital and hence he should not be released on bail. ED arrested Goyal in September 2023 and his wife Anita in November 2023. Keeping in view Anita’s age and medical condition, a special court had granted her bail on the same day.
