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Synopsis

The Delhi High Court on Monday granted interim bail to businessman Amandeep Singh Dhall, lodged in jail in cases related to the Delhi excise policy scam on “medical grounds”.

On perusal of the detailed medical report of Dhall, the bench of Justice Dinesh Kumar Sharma noted that he is suffering from various medical issues and needs constant medical supervision and treatment.

The judge said, “proper and effective medical treatment is a right of every individual” and it includes the petitioner as well who is facing cases being instituted by the CBI and ED.

“No doubt, at the outset, the allegations levelled by the CBI and ED are quite serious in nature. However, such allegations are yet to pass the various tests including the present one wherein the petitioner has sought for statutory bail as well as these allegations are yet to be tested during the course of the trial. Thus, these allegations may be very serious in nature but while considering the medical condition of the petitioner, the Court is required to view the same with the compassion”, the court said.

Court directed Dhall to be admitted to AIIMS within two days for appropriate medical tests and treatment.

“Thus, I consider that without going into the merits of the case. Firstly, for the purpose of providing effective medical treatment, let the petitioner be admitted in AIIMS within two days for appropriate medical tests and treatment”, it said.

Court requested Medical Superintendent, AIIMS to “constitute a Medical Board” and get Dhall admitted to the hospital.

“The Medical Superintendent, AIIMS is also requested to provide a private room to the petitioner for which he will bear all the expenses. The entire expenses of the medical tests and treatment shall also be borne by the petitioner”, the court said.

Court also said that it is conscious of the fact that the “AIIMS is already overburdened” and making such a request for providing private rooms to the petitioner may be slightly interfering with the administration.“But this may not be taken up as a precedent and as a special case the Medical Superintendent may consider the same”, it added.

“The petitioner shall remain hospitalised till it is required or advised by the medical board. However, this Court expects from the AIIMS that till the petitioner is reasonably and fully recovered from his ailments, he shall be allowed to remain hospitalised in the AIIMS. During the treatment, he will remain in the custody of the Superintendent Jail”, Court ordered.

Furthermore, court directed that Dhall shall not be allowed to use any phone.

“However, the wife and children of the petitioner may meet the petitioner for the specific hours during the day i.e. 11.00 AM to 12.00 PM and 04:00 PM to 05.00 PM. The visitors are also not permitted to carry their phones during the mulaqat”, ordered the court.

Court also permitted Dhall to have home-cooked meal in accordance with the Jail rules and have legal mulaqat as per Rules.

“The medical board, AIIMS shall furnish the report to the Court along with the copy to the ED, CBI and petitioner as per rules”, the court ordered.  Accordingly, court listed the matter for October 19.

Dhall, a director of Brindco Sales was arrested by the CBI and the ED in separate cases linked to the liquor policy. He was arrested on March 1, 2023 by the ED. He was, in April also, arrested by the CBI.

According to ED, Dhall allegedly conspired with other persons and was actively involved in the formation of policy and facilitating kickbacks to the Aam Aadmi Party (AAP) and its recoupment by the South Group through various means.

Both the ED and CBI have alleged that irregularities were committed while modifying the Excise policy; undue favours were extended to licence holders, the license fee was waived or reduced and the L-1 license was extended without the competent authority’s approval. The beneficiaries diverted “illegal” gains to the accused officials and made false entries in their books of account to evade detection.

It is to be noted that the court in August had directed that businessman Amandeep Singh Dhall to be taken to the AIIMS on Saturday i.e. August 26 for medical examination and treatment.

Notably, the trial court recently refused to grant bail to Dhall in both CBI and ED cases related to the excise policy scam. Dhall had moved the High Court challenging the trial court order in a money laundering case related to the Delhi excise policy scam and the same is under consideration before the same bench. 

Case Title: Mr. Amandeep Singh Dhall v. Directorate of Enforcement & Amandeep Singh Dhall v. Central Bureau of Investigation