
NEW DELHI, June 26: Additional Sessions and District Judge Nand Kishore Goel today passed an order requesting the director of the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to examine the chairman of Bennet and Coleman company, Ashok Jain, at the Apollo Indraprastha Hospital.
The judge said that the board comprising two doctors from the cardiology department of AIIMS should submit their report to the court by July 1 after taking into consideration Jain’s present state of health. The board should also report on “any other fact which they may consider proper regarding the history, ailment and treatment of the patient” Goel said.
“For the proper decision on the application (Jain’s plea for an anticipatory bail over alleged FERA violation), it is necessary that an independent medical report is called for,” the judge added.
However, the Enforcement Directorate (ED) refused to assure interim protection to Jain till his plea was decided. When the counsel for ED, were asked if they would grant a interim protection, they replied that since neither the Calcutta High Court nor the Delhi High Court had given one on earlier occasions, the ED was not in a position to do so now.
The judge later said that the matter would be taken up on July 1 which is also the next date of hearing of the case. During the arguments today, lead counsel for Jain, K K Sud, said, “The ED is playing with the court and playing with the client.” He accused them of taking advantage of the system of investigations in the country and harassing Jain in the process.
He submitted that the certificate of Dr D M Dua who is treating Goel in the Apollo hospital was sufficient proof to grant an anticipatory bail to Jain.
He also said that Jain had been advised to go undergo a surgery. Sud pointed out that the directorate, in their reply, had not denied Jain’s meeting with the ED Special Director, M C Joshi, in London. Neither had they denied that Jain had two heart surgeries in the past or that a defibillater was implanted in his heart.
Since the petitioner had already sought Rs 50 lakhs as relief towards damages in the Delhi High Court, the respondents were further antagonised, Sud said. He singled out the Deputy Director of ED, Ashok Aggarwal, yet again for misleading the court.


