Satyendar Jain's medical report from LNJP should not be considered for his bail: Delhi HC

The Delhi High Court on Thursday directed the trial court not to consider the medical report of Delhi minister Satyendar Jain, who is in judicial custody in a corruption case, from the city government-run Lok Nayak Jai Prakash (LNJP) Hospital while deciding on his bail application.

Justice Jasmeet Singh was hearing the Enforcement Directorate (ED) plea seeking directions that the medical examination of Jain be done at an independent hospital instead of the Delhi government-run health facility.

Issuing notice in the matter, the further hearing was posted for August 17 by the court. "It is directed that the special judge shall not consider the medical report from LNJP till the next date of hearing," the judge remarked. During the course of the hearing, the ED argued, that though Jain was in judicial custody since May 30, even after the passing of 46 days, the minister spent only 20 days in the jail dispensary as he was admitted to LNJP for 26 days.

ED's counsel also pointed out the Calcutta High Court's direction in the case of West Bengal minister Partha Chatterjee not to admit him into a state run hospital and asked to send him to AIIMS Bhubaneswar.

Additional Solicitor General (ASG) SV Raju, appeared for the central probe agency.

The ED was challenging the July 6 and July 19 orders passed by the Special Judge rejecting its prayer and sought the medical evaluation of Jain to be done at hospitals like AIIMS, RML, or Safdarjung, instead of the present health facility.

The ED, in its plea, levelled serious allegations as on June 27, the Investigating Officer (IO) in the corruption case visited LNJP Hospital in connection with the crime. However, the official found that Jain was sleeping on the bed without any cannula on his hand and even the multipara patient monitor was switched off and he was not being monitored by any medical instrument. His wife was present in the room, the ED stated.

It added, "When the IO reached the room, the respondent immediately wore the oxygen mask, the BP apparatus belt, and the monitor was switched on. It was under these suspicious circumstances and the fact that prima facie the condition of the respondent was not such which required hospitalisation, an application was preferred (before the trial court) seeking a direction that he may be admitted to any independent hospital like the Ram Manohar Lohia Hospital or AIIMS Hospital at New Delhi for an independent evaluation of his health."

The CBI has accused Jain, his wife, and others of offences under the Prevention of Corruption Act. On March 31, the ED provisionally attached immovable properties worth Rs 4.81 crore belonging to companies beneficially owned and controlled by the minister.