The Delhi High Court on Tuesday dismissed a plea by the Enforcement Directorate (ED) seeking the quashing of two orders and alleging that despite their objection the special court called for a report from the LNJP Hospital on the medical condition of jailed former AAP minister Satyendar Jain. A single judge bench of Justice Dinesh Kumar Sharma while dismissing the plea observed that the matter is before the Supreme Court. However, Justice Sharma, granted ED the liberty to file a fresh plea pertaining to this issue in accordance with law. On Monday, the Supreme Court extended the date until July 24, the interim bail granted to Jain on medical grounds in a 2017 money laundering case which is being probed by ED. Advocate Vivek Jain appearing for the former AAP minister said the plea had become infructuous as his client's bail plea was dismissed by the Delhi High Court and the matter is now pending before the Supreme Court. Representing ED, Advocate Zoheb Hossain said that in view of the grounds mentioned in the plea, "judicial adjudication is necessary". One of the prayers in the plea pertained to the constitution of a medical board was either of Delhi’s All India Institute of Medical Sciences (AIIMS)or Ram Manohar Lohia (RML) hospital to examine the medical condition of Satyendar Jain. Hossain said that despite their objection to call for a medical report from Lok Nayak Jai Prakash Narayan (LNJP) Hospital where the AAP leader was admitted, he argued by saying that he had "control over the hospital” and the special court called for a report. ED in its plea before the High Court had challenged two orders of the special court, which on July 6, 2022, had rejected the central agency’s application raising an objection to calling a report from LNJP Hospital referring to Delhi Prison Rules and the policy on the reference of inmates to the hospital. On July 19, 2022, ED had in Jain's application for interim bail before the special court raised "serious doubt" if LNJP Hospital would furnish a correct report or certificate regarding his medical condition and had then submitted the AAP leader's medical condition be assessed from an independent hospital such as RML, AIIMS, and Safdarjung Hospital. However, the special court, after observing said during that time no latest report from the hospital was available, and it cannot comment upon the genuineness or otherwise of the medical condition of the accused or the report of the hospital, which is not even available or would be produced subsequently. Thereafter, the special court called for a detailed medical report from LNJP Hospital and said if ED has any objection, it shall be considered at "the time of arguments on the application for interim bail as also the submissions made that the accused should be shifted to some independent hospital". The Delhi High Court had on July 28, 2022, directed the special judge to not consider the medical report from LNJP Hospital until the next date of hearing. During that time, ED argued the special judge had called for a medical report from LNJP Hospital where Jain was admitted at the time and "there is grave likelihood that the respondent has influence over the said hospital having been the Minister of Health with Government of NCT of Delhi". Further, ED argued then that the AAP leader's "image is prominently featuring in the webpage of the hospital and he was the Guest of Honour who had inaugurated the dietary department of the hospital, hence there will be serious doubts as to the report which will be submitted by the said hospital". The agency had also said while they were not pressing for the shifting of the AAP leader to "AIIMS/RML/Safdarjung Hospital at this stage and restrict his interim prayer that the report, if any, obtained from LNJP Hospital may not be considered by the learned Special Judge till the next date of hearing". On April 6, the Delhi High Court rejected Jain's bail plea in the central agency’s 2017 money laundering probe, observing it does not find any "illegality or perversity" in the order of the special judge which had rejected the AAP leader's bail plea on November 17, 2022. Delhi High Court noted that Jain had failed to meet twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA), as well as conditions as laid down under Section 439 CrPC, the High Court had also observed the AAP leader is an influential person and has potential to tamper with the evidence as "indicated by his conduct during the custody".
