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Journalism of Courage
The Bombay High Court on Monday granted temporary bail of two months to septuagenarian Jet Airways founder Naresh Goyal, arrested in a money laundering case lodged by the Enforcement Directorate (ED).
Goyal was arrested by the central agency in September last year and had approached the high court after a special court denied his bail plea.
“Application stands partly allowed. Applicant be released on bail for a limited period of two months to avail the treatment for the cancer he is suffering from and attend to his wife, who is also suffering from cancer of an advanced grade.” The court said he shall remain within the jurisdiction of a special court designated under Prevention of Money Laundering Act (PMLA) court, Mumbai. It also asked Goyal to surrender his passport with the trial court. It noted that ‘the possibility of applicant Goyal fleeing away from justice and tampering with the evidence seems remote.
Naresh Goyal had sought bail on medical and humanitarian grounds citing that both he and his wife were suffering from terminal cancer.. Goyal has been undergoing treatment at the multispecialty Sir H N Reliance Foundation Hospital.
Senior advocates Harish Salve and Aabad Ponda, appearing for Goyal, had on May 3 argued that his wife Anita is in the last stages of terminal cancer and he should be allowed to be with her on humanitarian grounds. They added that Goyal also suffered from cognitive or mental health issues and being with his wife would give him mental strength to deal with the chronic ailment better.
“Unfortunately, his wife was taken ill, and despite the best medical treatment in Mumbai, her health has declined.. Let him be with his wife whatever months’ time God gives her. He also has cognitive/mental health issues If you are mentally strong, you can deal with worse diseases. She has a few months to go. Prayer, love and affection can be given to terminal cancer patients,” Salve added.
The bench noted, “In the light of the medical record and opinions, it would be audacious to hold that the applicant is not sick.” Justice Jamadar added that the matter “cannot be looked at from the perspective as to whether the applicant is getting adequate treatment at the hospital.”
The bench noted the medical opinions/reports do not indicate that the applicant requires further specialised treatment at even a more specialised centre/hospital. “There is a qualitative difference between the treatment which a person gets as an under trial prisoner and as a citizen under no restraint,” the judge noted.
The Court added that ED’ submission through advocate Hiten Venegeonkar that Goyal has got best of the treatment and that he does not deserve to be released on bail “loses sight of the precious value of personal liberty.”
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