Money laundering case: HC grants relief to Jet Airways founder Naresh Goyal, allows plea for cancer treatment outside Mumbai

A single-judge bench of Justice Milind N Jadhav on March 13 passed an order on Goyal’s interim application seeking deletion of his bail condition which stipulated that he cannot leave Greater Mumbai without taking prior permission of special court designated under Prevention of Money Laundering Act (PMLA).

Goyal, through senior advocate Aabad Ponda, said he intended to travel outside Mumbai, including Delhi, for critical medical treatment and to consult oncologists, surgeons and doctors outside Mumbai, in Sir Ganga Ram Hospital (Delhi) and Apollo Cancer Institutes.

However, Public Prosecutor Hiten Venegaonkar for Enforcement Directorate (ED) submitted that if Goyal is allowed to travel outside Mumbai, he would probably impair trial proceedings and that he was a “flight risk.”

The court perused Goyal’s application and said the same “shows that he is suffering from long threatening medical condition of nuero-endocrine tumor and several other medical ailments,” and he was duly granted bail by HC.

“The condition of which deletion is sought for is prima facie therefore onerous which would require the applicant to repeatedly seek prior permission of the PMLA Court if he is required to travel outside Greater Mumbai…” the bench observed and said the application deserved to be allowed with appropriate directions.

Justice Jadhav went on to observe, “In today’s time jurisdictional territorial borders either of the country or international borders are such that parties are required to travel consistently either for their future prospects or other related purposes or for treatment.”

The court also noted that the condition to seek permission to travel outside Mumbai was ‘onerous’ due to his medical ailment.

“It not only entails delay for the Applicant but considering the present exigency in the legal system, it would involve substantial delay each time for approaching the Court of law for seeking permission for appointing advocates, placing the application on board and for hearing and deciding the said application by which time the real essence and purpose for which the applicant desires to travel may sometimes be lost,” it added.

Granting relief to Goyal, the HC asked him to ensure that details of his travel itinerary be conveyed to the concerned ED investigating officer and also inform the details of his return and stay. The HC also said that in case he desires to travel abroad, the trial court shall decide his application in an expeditious manner in accordance with law.