Excise policy case: Delhi High Court denies interim bail on medical grounds to Hyderabad businessman

A single-judge bench of Justice Ravinder Dudeja, in its June 21 order, observed, “The court is conscious of the state’s responsibility to provide adequate medical care to the accused. However, (the) need of seeking bail on medical grounds arises only when the prison authorities/referral hospitals are incapable of providing required care or treatment essential for the treatment of the accused. Essentially, the ailment should be of such a nature that if the accused is not released on bail, he cannot be ensured proper treatment for his ailment.”

The court took note of the reply submitted by the medical officer in charge, Tihar Jail, stating that the doctor at Max Hospital (where Pillai is being treated) had not referred him to Pratheeksha Ayurvedic Clinic in Kerala. As per the medical officer, Pillai was advised ‘TENS/laser physiotherapy session’ by Max Hospital which he did not take.

Observing that Pillai was receiving “satisfactory treatment in jail”, Justice Dudeja further said, “Thus, it is evident that applicant is not following up the treatment advised to him for curing his back pain. The reply further indicates that the applicant is being attended by the doctor on duty and jail visiting specialists at the jail dispensary from time to time. He has also received treatment from DDU, Safdarjung and Max Super Specialty Hospitals where several tests have been conducted.”

The high court further observed that the obligation to provide necessary medical treatment does not mean that despite the best treatment available in a super specialty hospital (like Max and other referral hospitals), the petitioner would still be entitled to the grant of interim bail.

Taking note of the report submitted by Tihar’s medical officer incharge, the high court said it is “satisfied” that Pillai was receiving adequate treatment both at the jail dispensary as also at the referral hospitals and that there is “absolutely no lapse” on the part of the jail administration with regard to the treatment provided by the referral hospitals.

The high court also said that it cannot sit in appeal of the opinion of doctors, who are experts, as “courts do not possess the requisite medical expertise” and a doctor’s opinion cannot be supplanted by the court “overstepping its jurisdiction”.

Dismissing the plea, the high court said, “Without commenting on the efficacy of Panchkarma treatment with regard to the back pain, suffice to say that the applicant (Pillai) needs to follow the treatment advice of the doctor and even thereafter if he does not get relief and then if so advised, he would be at liberty to file an application to explore the alternative remedies of Ayurveda/Panchkarma treatment etc. None of the medical reports even remotely states that the applicant is suffering from any life threatening ailment or that treatment for such ailment is not available in the referral hospitals from where the applicant is presently undergoing treatment. As of now, I find no justification for grant of interim bail to the applicant.”

The high court, however, said the Tihar jail authorities would continue to provide medical attention to Pillai as per the doctor’s advice.

Pillai was arrested by the ED on March 6, 2023. In its two prosecution complaints (equivalent to chargesheets), the agency claims that members of the so-called ‘South group’ paid bribes to exploit the loopholes in the excise policy, which would secure their uninhibited access to various wholesale businesses and retail zones in violation of rules.

“Arun Ramchandra Pillai, who owns a Hyderabad-based infrastructure company, is alleged to be a member of the so-called South group,” an official said, as has been reported by The Indian Express previously.