‘Land-for-jobs scam’: Delhi High Court grants Amit Katyal 6 weeks’ interim bail on medical grounds

“If the remarks/opinion of the doctors at DDU Hospital are believed, the provision of a strict diet is very critical and essential for the adequate recovery of the petitioner since the surgery has led to removal of 75% of (the) stomach. The said remarks on the treatment card dated 21.06.2024 also…suggest that until and unless proper diet is given, the recovery of the patient is unlikely to happen. It is brought forth that the applicant has been experiencing fever and deranged blood glucose level besides the fact that there has been several episodes of blood vomiting,” the court observed.

The high court said that while the ED had rightly pointed out that AIIMS medical board (which the court had ordered to be constituted on June 7) had opined that treatment could easily be provided in the jail’s primarily healthcare facility, Katyal needed to be provided “special dietary requirements” to have “full physical, mental and psychological recovery” post his bariatric surgery.

“Evidently, as per the diet chart for the period 13.06.2024 to 18.06.2024, the facilities at the jail appear to be completely ill-equipped so as to meet even the elementary dietary requirement of the petitioner,” the court said after taking note of the diet chart provided to Katyal, placed on the record by the Tihar Jail superintendent.

Taking note of a June 14 report of the AIIMS medical board, a June 21 prescription of the treating doctors at DDU Hospital and Katyal’s medical history, the high court said, “It is but manifest that the dietary requirements of the applicant are such that they cannot be provided in the jail premises. Considering that the petitioner has undergone surgery on 09.04.2024, post-bariatric surgery, he needs to be given a proper diet in order to attain adequate physical, mental and psychological well-being for at least a period of 3 to 4 months.”

The high court said the “level of care, attention, minute-to-minute monitoring and emergency response” that Katyal requires “cannot be provided at the jail presently”.

Justice Sharma further said that providing home-cooked food on an “everyday basis for a long duration is fraught with several technical hurdles at the jail premises”.

‘Co-accused still under investigation’

The high court also observed that although the chargesheet has since been filed against Katyal, the matter is still under investigation with respect to the co-accused in the case. It also noted that Katyal was previously granted interim bail on the medical grounds for about 84 days, and nothing was attributed against him to claim that he interfered or influenced the course of investigation in any manner.

The high court allowed Katyal’s application for interim bail on medical grounds for a period six weeks from the date of his release from jail, subject to certain terms and conditions such as that Katyal should furnish a “personal bond with a surety of Rs 2,50,000 each to the satisfaction of the concerned court/Duty MM”.

The conditions also include that Katyal should appear before the court as and when directed, surrender his passport before the investigating officer at the time of his release and not leave the country during the bail period.

On June 7, a coordinate single-judge bench of the high court ordered the constitution of a medical board at AIIMS to evaluate Katyal’s condition after observing that in the absence of an expert opinion, it was difficult for the court to conclude whether it was a case for grant of interim bail on medical grounds.

The high court then said that Katyal’s medical condition borne out from the medical status report “cannot be simply brushed aside” as the material on record suggested that he was a heart patient and had undergone bariatric surgery recently besides having other ailments.

The high court then directed the director of AIIMS to immediately constitute a medical board of doctors from minimum three different specialities related to the nature of ailments Katyal claimed to be suffering from.

Katyal was arrested by the ED in November last year in the case stemming from a CBI investigation into allegations that when RJD president Lalu Prasad was railways minister, people were given railway jobs in return for land parcels gifted or sold at cheap rates to his family members and associates.

Katyal and his AK Infosystems Private Limited had been under the scanner of the CBI and the ED in connection with the alleged scam for a long time. The ED has found during its investigation that AK Infosystems had received a land parcel from a relative of a candidate who was selected as a Group D substitute in the Railways. In 2014, Katyal allegedly handed over his company to the family members of Lalu Prasad.