No medical report saying Naresh Goyal fit to be discharged, says ED; Bombay HC to decide on interim bail plea on May 6

Goyal was arrested in September last year in a money laundering case and had approached the high court after a special court had denied his bail plea.

A single-judge bench of Justice N J Jamadar concluded the hearing and reserved its order on Goyal’s plea and posted it for orders on Monday, May 6. Goyal will continue to undergo treatment at multispecialty Sir H N Reliance Foundation Hospital till then.

Senior advocate Harish Salve for Goyal argued that his wife Anita is in the last stages of terminal cancer and he should be allowed to be with his wife on humanitarian grounds. He also said that Goyal is also suffering from cognitive or mental health issues and being with his wife will give him some mental strength to deal with the chronic ailment better.

“To keep the applicant in incarceration and limiting his bail to stays in hospital where he cannot be with his wife, is a gross violation of basic human rights. Even prisoners of war are not accorded treatment that is so degrading and inhuman,” the plea claimed.

“Unfortunately, his wife was taken ill, and despite best medical treatment in Mumbai, her health has declined. Patient is residing alone at her residence and is critical. She can afford to have medical help but there is something known as emotional support at this age and this mental condition,” Salve argued. “Let him be with his wife whatever months, time God gives her,” he added.

“His state of health is also very troublesome and suffering from cognitive 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. He urged the court that with due restrictions, the applicant be granted interim bail on humanitarian grounds under Article 21 of the Constitution.

However, advocate Hiten Venegaonkar for ED argued, “He is presently in safe hands with the doctors of his own choice. If he is terminally ill and requires medical help for himself first, it should be the priority. No medical opinion to suggest he is fit to be discharged. In absence of such an opinion, deciding that he be released will not be appropriate.”

He added that even the trial court had expressed that his health would improve if hospitalisation was continued and it would worsen if he was granted bail, exposing him to infections.

Venegaonkar said that the court may call for the applicant’s medical reports and hospitalisation be extended for a month and decide a plea thereafter, which Salve contested. After Justice Jamadar remarked that there would be a distinction when a person gets medical treatment without any restraint not being in judicial custody, Venegaonkar responded, “His wife is taking treatment in the same hospital. There is no restriction on meeting her. All types of freedoms are there.”