Himachal Pradesh ‘scholarship’ scam: ‘Jail authorities can deal with any medical emergency’

The DSP was granted interim bail on March 11 in an FIR registered by CBI for alleged commission of offence punishable under Section 7A of the Prevention of Corruption Act, 1988.

Balbir sought extension of his bail plea for a further period of five weeks which is with effect from April 11 to May 15 on medical ground contending that after his release on interim bail he got conducted his medical test and from the medical report dated March 16, it is evident that his tacrolimus, EDTA whole blood level was low at 4.20. He claimed any level below 5 is at high risk.

Further, he claimed that he is “suffering from life threatening diseases” which requires “specialised treatment”. He has to follow a strict diet schedule which is not possible in jail. “If he is not given proper medical attention, it can be fatal for him,” the CBI DSP said.

Counsel for CBI, Public Prosecutor Narender Singh, argued that the accused is involved in a “grave offence” as he being a public servant was actively involved as “abettor and conspirator” in facilitating the negotiation between co-accused Vishal Deep and the complainant to settle the demand of bribe. “Moreover, his conduct throughout the investigation, including non-cooperation in obtaining voice samples, demonstrates that he has a tendency to frustrate the judicial and investigation proceedings. Moreover, an application for re-directing him to give his specimen voice is still pending before this court which needs his custodial detention,” the prosecutor argued.

The CBI counsel further submitted that if the accused requires any emergency medical attention he may obtain the same through jail authorities who are fully equipped to handle any medical emergency. The specialised treatment, if required, can be provided to the accused as per standard jail procedure.

After hearing both the sides of the arguments, the CBI Court of Alka Malik observed that there is no certificate from any medical officer regarding any emergent health condition of the applicant (Balbir). “As has been rightly claimed on behalf of CBI, any medical emergency can be dealt with by the jail authorities. Moreover, the applicant was granted the benefit of interim bail only on account of the fact that the test which he needed was not available in the jail,” justice Malik held.

Thus, not finding no merit in the request of the accused, the court ordered that it has no reason to extend the interim bail already granted to the accused DSP.