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The high court in its order noted that Nawab Malik's ailments were pre-existing before his arrest and that he had been receiving treatment at a multi-speciality hospital of his choice. The bench also observed that it would be deemed a violation only if the state failed to provide the necessary medical assistance.
A single-judge bench of the Bombay High Court comprising Justice Anuja Prabhudesai recently while denying medical bail to the NCP Leader and Former Cabinet Minister Nawab Malik observed that Malik was given adequate medical assistance and that his right to health was not curtailed.
"The Applicant is provided adequate, effective and specialized medical assistance, and his health condition is being monitored by the doctors specialized in the field. Hence, his right to health or right to life is not curtailed or infringed in any manner," the bench observed.
On February 23 of the previous year, the Enforcement Directorate (ED) arrested the former minister in connection with a money laundering case related to the Goawala compound property in Kurla, which was allegedly linked to the fugitive gangster Dawood Ibrahim. Since March 2022, the former minister has been in judicial custody and since May 2022, he has been admitted to Criticare Hospital in Kurla.
The bench further emphasized that Article 21 of the Constitution guarantees the right to life, but it would be deemed a violation only if the state failed to provide the necessary medical assistance.
"There can be no dispute that the right to health is recognized as an important facet of Article 21. It is a right available to every person including an under trial prisoner or convict. In fact, failure of the State to provide proper medical aid to the prisoners, who are largely dependent on the jail authorities, would be in violation of right guaranteed under Article 21 of the Constitution," the bench noted.
During the hearing, Senior Advocate Amit Desai, representing Nawab Malik, put forth the argument that the renal scan (DTPA) report shows a deterioration in the functioning of Malik's right kidney, which is presently operating at 60%. Additionally, it was claimed that Malik is suffering from various other health issues such as hypothyroidism, gout, hyperuricemia, fatty liver, and haematuria.
On the other side, Additional Solicitor General (ASG) Anil Singh, representing the Enforcement Directorate (ED), countered by stating that Nawab Malik's kidney disease existed before his arrest and had worsened during his custody. ASG Singh further presented that the medical report indicated these health conditions, including kidney issues, predated Malik's arrest and despite these ailments, Malik had led a normal life. ASG Singh also argued that many people live normal life even with just one functioning kidney.
In its order, the high court recorded that Nawab Malik's ailments were pre-existing before his arrest and that he had been receiving treatment at a multi-speciality hospital of his choice.
"In the instant case, the Applicant was arrested on 23.02.2022. The Applicant has several pre-existing ailments. He was admitted in J.J. Hospital from 25.2.2022 to 28.2.2022 and on subsequent dates. He is admitted and is being treated in Criti Care Asia, a multi specialty hospital of his choice, since 17.05.2022," the bench recorded.
The high court will now hear the bail plea of Malik on merits on July 27.
Case title: Mohammad Nawab Mohammad Islam Malik @ Nawab Malik vs The Directorate of Enforcement & Anr.
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