Naresh Goyal allowed access to pvt attendant at hospital

The court had on February 29 permitted Goyal to get admitted at Tata Memorial Hospital or a hospital of his choice after medical reports showed a malignant growth. Accordingly, on March 5, Goyal was admitted at a private hospital in South Mumbai.

The ED had opposed his plea for a personal attendant stating that necessary care is being given by the hospital. The appointment of a private attendant would make it difficult to screen or discipline them and the graveness of the present case should not be neglected, the ED had submitted. It also said that investigation is ongoing and it is a crucial juncture. The ED also said that “numerous facilitating orders” have been passed by the court in the past giving consideration to his health and old age. The court said that none of those orders were challenged and hence such a phrase should not have been used by the agency.

“It is settled law that it is a constitutional right of any accused to receive treatment in the hospital of his choice. In such a situation, if the ED is not satisfied with earlier orders, they should have challenged them before the Hon’ble High Court to have them set aside, rather than making such comments in their submission. The ED seems to have forgotten that when the applicant was hospitalised for cancer treatment and considering his age of 75, utmost care was taken to ensure that any activity detrimental to the ED’s case did not occur,” the court said. It said that ED and police authorities are on round the clock vigil on Goyal. It further added that Goyal has recently undergone surgery and requires assistance to attend to his basic needs. It said that the ED was opposing a ‘humane prayer in such an extremely unusual way’.

“The whole unusual contention made by the ED to this application holds the applicant guilty and presumes him as such, forgetting the celebrated basic principle of criminal jurisprudence that the accused is presumed to be innocent until his guilt is proved beyond a reasonable doubt, that too at the end of the trial,” the court said. It directed the hospital to provide access to the agency which provides such attendants at the hospital for Goyal.