Does JJ hospital have medical facilities to treat Nawab Malik: Mumbai court asks Enforcement Directorate

A Mumbai court on Monday directed the Enforcement Directorate (ED) to file a report from the medical officer of JJ Hospital on whether it has facilities for testing and treatment of Maharashtra Cabinet Minister Nawab Malik..The directions by the Court came in a temporary bail application filed by Malik, presently admitted in the hospital for a medical emergency, seeking release from the Arthur Road Jail for six weeks where he is presently lodged in a money-laundering case involving underworld don Dawood Ibrahim.Malik had filed the application for release on Friday through Rashmikant & Partners.When the matter was taken up on Monday, his counsel Kushal Mor pointed out that Malik was suffering from vomiting, diarrhoea, fever and chills, and was urgently admitted to the JJ hospital in the afternoon.He prayed that while the final hearing in the medical bail plea could be at the convenience of the Court, but right now Malik should be transferred to a private hospital of his choice where the doctors are aware of his medical history..In response, ED opposed the application stating that since Malik had already been transferred to a government hospital and it was the best hospital for treatment, transfer to private hospital would not be required. The investigating officer stated that the agency could check with the hospital and file a detailed report on the availabilty of facilities.This was accepted by Special Judge RN Rokade who directed the ED officer to file the report by May 5.The Court indicated that, based on the report, it will consider the interim prayer sought by Malik..The ED filed a detailed reply opposing the final relief of medical bail on the following grounds: Malik’s prayer for release from illegal detention had been rejected by the Bombay High Court and subsequently by Supreme Court. The medical ground had never been mentioned in those petitions. The instant bail carving out medical grounds is one more attempt by the applicant/accused to free themselves from the clutches of lawED had always catered to Malik’s health while he was in their custody and even during judicial custody. They added that if required, the JJ hospital is well-equipped to cater to Malik’s medical condition; While Malik had a fundamental right to treatment, he cannot choose the hospital he desires;. Malik by seeking relief of interim bail for treatment in hospital of his choice, intended to remain at large under pretext of prolonged health issued. “Applicant (Malik) intends to escape the process of law as thereby he may get an opportunity to remain at large at the pretext of prolonged health issues time and again in collusion with the hospital of his choice” the ED reply said..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.