High Court of Delhi Grants Interim Bail on Medical Grounds under the Prevention of Money Laundering Act, 2005

In a significant decision, the High Court of Delhi has granted interim bail on medical grounds to an undertrial prisoner under the provisions of the Prevention of Money Laundering Act, 2005 (PMLA). The court emphasized the importance of protecting the fundamental right to health and providing adequate medical treatment to prisoners, as enshrined in Article 21 of the Constitution of India.

The case pertained to a petitioner who sought interim bail on medical grounds, citing various ailments and the need for specialized treatment that could not be provided within the confines of the jail. The court noted that while not every ailment warrants bail, the medical condition of the petitioner should be given primacy, and if specialized or sustained treatment is necessary, interim bail may be granted.

To assess the petitioner's medical condition and urgency for specialized treatment, the court constituted a medical board consisting of experts from the prestigious All India Institute of Medical Sciences (AIIMS). The medical board was directed to evaluate the petitioner's condition, including the need for diagnostic procedures and the potential risks to the petitioner's life due to delays in treatment. The board's report is expected to provide crucial insights into the petitioner's medical requirements and guide the court's decision on granting interim bail.

The court highlighted the obligation of the state to provide adequate and effective medical treatment to all individuals in custody, whether under trial or convicts. It relied on previous Supreme Court judgments emphasizing the preservation of life as paramount and recognizing the right to health as an important facet of Article 21 of the Constitution.

Date of Decision : 05.06.2023

SANJAY JAIN vs  ENFORCEMENT DIRECTORATE