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Allegedly, Katyal funneled scam proceeds to buy property in New Delhi for Lalu Prasad Yadav. The scam involved land bribes for Indian Railways Group D positions during Yadav's tenure as Railways Minister from 2004 to 2009, with Yadav and his family accused of accepting such bribes
The Delhi High Court recently instructed the Director of All India Institute of Medical Sciences (AIIMS) to constitute a medical board of a minimum of three different specialty doctors to assess the health of Amit Katyal, an accused in the land-for-jobs scandal. The court opined that it could not assume the role of a medical expert by evaluating Katyal’s condition solely from the medical records.
“The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner on the basis of medical records placed on the Court file”, the bench of Justice Vikas Mahajan held.
Amit Katyal, represented by Senior Advocates Kapil Sibal and Vikas Pahwa, sought medical bail on the grounds that he underwent bariatric surgery and required urgent treatment and care. He contended that he was suffering from coronary artery disease, diabetes, mellitus, obstructive Sleep Apnea, Hepatomegaly, and Syncope with normal blood pressure & pulse and raised sugar levels and the same cannot be effectively managed in jail.
Special Public Prosecutor Zoheb Hossain, representing the Enforcement Directorate, argued that the Kartyal’s medical issues weren’t severe, and adequate care was provided in jail. Additionally, he contended that Ketyal’s behavior disqualified him from relief, citing independent medical opinions obtained from RML Hospital and DDU Hospital, suggesting Katyal misrepresented his health status.
“The right of health of an individual being a facet of right to life under Article 21 cannot be abridged without due process of law in a mechanical manner. The Court further held that the right of an individual to be released on an interim bail arises when specialized treatment and care is necessary and the same cannot be provided by the Jail Authorities”, the court reiterated.
The court noted that Katyal claimed illness and discomfort while in custody. Therefore, to assess Katyal’s current medical status, the Court requested a Medical Status Report from the Jail Superintendent. The court, however, observed that the report failed to disclose the underlying ailment Katyal allegedly suffers from, hindering the Court's ability to determine if he requires specialized treatment not available in custody.
In the absence of expert opinion, the court observed that it faced difficulty in determining whether interim bail should be granted on medical grounds. The court acknowledged its inability to act as an expert and assess Katyal’s medical condition solely based on the provided records. However, considering the humanitarian aspect and Katyal’s documented medical history, including recent bariatric surgery and other ailments, the court deemed it appropriate to establish a medical board for evaluation.
The court, therefore, directed the Director of AIIMS to form a medical board comprising doctors from at least three different specialties relevant to Katyal’s ailments. The Jail Superintendent was instructed to provide all medical records to the board by June 11, 2024.
The Jail Superintendent was further tasked with ensuring Katyal’s presence before the medical board on June 11, 2024, and if necessary, admitting Katyal to AIIMS for evaluation. Accordingly, the court listed the matter for July 03, 2024.
Background:
The land-for-jobs scandal, involving millions of rupees, centered on allegations of land given as bribes to secure Group D positions in the Indian Railways during 2004–2009, when Lalu Prasad Yadav was the Railways Minister. Yadav and his family members were accused of accepting land as bribes for these appointments.
Amit Katyal's involvement was tied to his role as Director and major shareholder of M/s AK Infosystem Pvt Ltd. The company purportedly received land from a relative of a candidate who secured a Group D job in the Railways. In 2014, the company was transferred to Lalu Yadav's family without any monetary exchange.
The ED also claimed that the proceeds from the scam were used to purchase property in New Friends Colony, New Delhi, under the name of M/s AB Exports Private Limited. Katyal, known as a close associate of Lalu Yadav, allegedly applied for the electricity connection for this property to facilitate its use by Yadav and his family.
Case Title: Amit Katyal v Directorate Of Enforcement (2024:DHC:4741)
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