Don’t consider LNJP hospital’s report on Delhi minister Satyendar Jain’s health: HC

Justice Jasmeet Singh passed the order after hearing the Enforcement Directorate’s petition seeking constitution of an independent board consisting of a panel of doctors of central government hospitals for “verification” of Jain’s actual condition. Issuing notice to Jain on the central agency’s petition, Justice Singh listed the matter for hearing on August 17.

Additional Solicitor General S V Raju, representing the ED, earlier argued that the accused happens to be a sitting minister in the Delhi government and is taking “advantage” of his position. Stating that he has been in judicial custody for about 46 days, Raju said that Jain has spent 20 days in the jail dispensary and 26 days at LNJP hospital.

“Not a single day has he spent in jail,” said Raju, while asking the bench to direct the trial court to not take a decision on Jain’s application.

Citing the Calcutta High Court’s order on West Bengal minister Partha Chatterjee – who has been arrested in connection with an alleged school jobs scam – Raju submitted that Chaterjee had also got himself admitted to a state-run hospital. I appeared in that matter also and got him out from here, added Raju. “Now he is alright!” Raju told the court.

The Calcutta High Court on Sunday had ordered the ED to shift Chatterjee to AIIMS Bhubaneswar. AIIMS Bhubaneswar Monday said Chatterjee did not require hospitalisation as he did not have any serious illness. He was later brought back to Kolkata in ED custody.

Before the High Court in Delhi, the ED has said it has serious doubts as to whether LNJP Hospital or even GB Pant Hospital would be able to independently assess Jain’s medical condition.

Jain has been in custody since May 30. He was admitted to LNJP Hospital on July 15. The ED earlier had told the trial court that it had serious doubts whether the hospital would furnish a correct report regarding Jain’s health condition and prayed for his independent evaluation. The lower court had deferred the hearing on the issue to July 29 and sought a detailed medical report from the hospital.

Stating that Jain is a man of inference and was a minister of health in the Delhi government, the ED before the High Court has said that his image prominently features on the home webpage of the LNJP and same raises doubts regarding “the impartial consideration” of his medical condition. His name is also on an inauguration plaque in the hospital, the ED has said.

“The doctrine of fairness requires that [Jain] is evaluated independently by an independent hospital. It is the duty of the Court to remove any possibility of likelihood of any kind of bias and to ensure that fairness and impartiality prevails in all proceedings connected with the court,” the central agency has argued.

The ED has also said that on June 27, the Investigating Officer had found that Jain “was sleeping on the patient bed without any cannula on his hand, even the multipara patient monitor was switched off and the accused was not being monitored by any medical instrument”. His wife was present in the room and when the IO reached there, Jain immediately wore the oxygen mask, the BP apparatus belt and the monitor was switched on, as per the ED.

“It was under theses suspicious circumstances and the fact that prima facie the condition of the respondent was not such which required hospitalisation, an application was preferred seeking a direction that he may be admitted in any independent hospital like Ram Manohar Lohia Hospital or AIIMS Hospital at New Delhi for an independent evaluation,” added the central agency, adding that application was declined as Jain was then readmitted to jail.

On July 19, when the lower court was told that Jain has been again admitted to the hospital, the ED had raised an objection that he should be shifted to some independent hospital. However, the central agency said the trial court simply adjourned the matter to July 29.

“Constitute a medical board constituting a panel of doctors of AIIMS/RL/Safdarjung Hospital, New Delhi, for enquiry into/verification of the actual medical condition of the Respondent [Jain],” the ED has said in the prayers of its petition before HC.