Delhi High Court
Amandeep Singh Dhall vs Central Bureau Of Investigation on 29 January, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.01.2024
+ BAIL APPLN. 2093/2023
MR. AMANDEEP SINGH DHAL ..... Petitioner
Through: Mr. Tanveer Ahmed Mir, Mr.
Kartik Venu, Mr. Yash Datt,
Mr. Shashwat Sari and Ms.
Ariana Ahluwalia, Advocates
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. Zoheb Hossain, Special
Counsel for ED with Mr.
Vivek Gurnani and Ms.
Manisha Dubey, Advocates
+ BAIL APPLN. 2229/2023
AMANDEEP SINGH DHALL ..... Petitioner
Through: Mr. Tanveer Ahmed Mir, Mr.
Kartik Venu, Mr. Yash Datt,
Mr. Shashwat Sari and Ms.
Ariana Ahluwalia, Advocates
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Prakarsh Airan, Advocate
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J. (ORAL)
CRL.M.A. 2448/2024 in BAIL APPLN. 2093/2023
CRL.M.A. 2449/2024 in BAIL APPLN. 2229/2023
1. The instant applications under Section 439 read with Section
482 of the Code of Criminal Procedure, 1973 ('Cr.P.C') and Section
45 of the Prevention of Money Laundering Act, 2002 ('PMLA Act')
have been filed by the applicant/petitioner, seeking specific directions
for the applicant to be transferred to Indian Spinal Injuries Centre,
Vasant Kunj, Delhi for duration of twelve weeks for effective
medical examination and consistent treatment in terms of liberty
granted to the applicant vide order dated 22.12.2023.
2. Learned counsel for the applicant argues that since the date of
admission of the applicant in Safdarjung Hospital on 11.01.2024, the
applicant was not given any medical treatment or care in terms of the
prescribed specialised physiotherapy sessions, required to be given to
him, till 14.01.2024, as was also directed by this Court. It is argued
that it was only on 15.01.2024 that the applicant was given machine
based physiotherapy (IFT/TENS/Ultrasonic) though still irregularly,
however, he has till date not being given supervised manual
physiotherapy session, as was prescribed to him. It is stated that the
applicant is not being administered supervised cervical isometric
exercises, as was prescribed to him by the Medical Officer In charge
Tihar Jail, vide Medical Status report dated 16.12.2023. It is stated
that the applicant was being administered supervised manual
physiotherapy exercises every day for one hour in the morning and
evening, while he was admitted at Indian Spinal Injuries Centre. It is
argued that the concerned doctors are not following the standard
operating procedures for the physiotherapy sessions, as was
prescribed by the doctors at Indian Spinal Injuries Centre, where the
applicant previously underwent C6-C7 transforaminal epidural
steroid injection and right C6-C7 facet joint block under local
anaesthesia. It is also stated that on 18.01.2024, the applicant was
shown certain exercises to be done, but there has been no
supervision, assistance by the concerned medical staff despite the
applicant's request, and the applicant has not been able to do the
exercises on his own owing to loss of sensation and aggravated
debilitating pain.
3. It is further submitted by learned counsel for the applicant the
applicant has been suffering from cardiovascular problems and had
been advised to undergo cardio-vascular examination as recorded in
the medical status report filed by the Jail Superintendent on
28.12.2023, however, the applicant till date has not been effectively
diagnosed/examined for the cardio-vascular related ailments. It is
stated that the concerned medical officers at Safdarjung Hospital
have informed the applicant that they have conducted an Echo test,
but the applicant was neither informed about the test results, nor
prescribed prognosis in terms of medicines. Further, the concerned
doctors at Safdarjung Hospital have till date not conducted an Echo
stress test, as was prescribed to him. It is further stated that the
concerned doctors at Safdarjung Hospital have, till date, not
conducted any procedure of transforaminal epidural steroid injection,
which had to be administered to the Applicant for C3-C4 joint in the
spine. Furthermore, the applicant has been evaluated and diagnosed
as a case of C3-C4 herniated Nucleus Pulposus (Annular Tear), and
he was also informed by the concerned medical staff at Safdarjung
Hospital that there is acute nerve compression in C5-C6 joint in the
spine on the basis of the latest MRI scan conducted, which has not
been supplied to the applicant herein. Despite this, the applicant has
not been prescribed an effective course of treatment and is continuing
to languish in aggravating pain.
4. It is the case of applicant herein, as advanced by the learned
counsel appearing on his behalf that the inconsistent treatment being
provided to him has further worsened the medical condition of the
applicant, and has increased the loss of sensation in right hand and
fingers. It is submitted that numbness and tingling, or loss of
sensation is commonly caused on account of damaged or compressed
nerves. It is also submitted that prolonged symptoms of numbness
and tingling might be due to various underlying neurological or
physiological conditions such as - Carpal tunnel syndrome, Diabetes,
Migraines, Multiple Sclerosis, Seizures, Stroke, Underactive thyroid
or other ailments.
5. In these circumstances, it is prayed on behalf of the applicant
that he be transferred to Indian Spinal Injuries Centre, Vasant Kunj,
Delhi for a duration of twelve weeks for effective and consistent
medical treatment required by him.
6. Learned Special counsel appearing on behalf of the Directorate
of Enforcement vehemently opposes the application for modification
which has been preferred on behalf of the applicant. It is argued that
the treatment required by the applicant in terms of post epidural care
including physiotherapy is being provided to him at the Safdarjung
Hospital. It is also submitted that specialized doctors of the cardio-
vascular department of the Safdarjung Hospital are also looking after
the needs of the applicant and are carrying out the required medical
tests. It is, therefore, prayed that the present application be dismissed.
7. This Court has heard arguments addressed by learned counsel
for the applicant as well as learned Special Counsel for the
respondent, and has perused the material on record.
8. In the present case, the learned predecessor Bench had earlier
permitted the applicant to be admitted for specialized treatment in
ILBS Hospital, Delhi vide order dated 19.09.2023 after considering
the medical history of the applicant, the advice of the doctor
concerned and requirement for his further treatment. Thereafter, this
Court had allowed the request of applicant to be admitted for further
treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi for a
period of three weeks vide order dated 16.10.2023. However, after
considering the improvement in the medical condition of the
applicant, this Court had dismissed the application for extending the
stay of the applicant at the concerned hospital vide order dated
17.11.2023.
9. Vide order dated 22.12.2023, this Court had directed the prison
authorities to shift the applicant to Safdarjung Hospital, Delhi for
required physiotherapy sessions in terms of post-epidural treatment.
However, it was also clarified that if required medical care is not
provided to the applicant at Safdarjung Hospital, Delhi, he shall be at
liberty to move a fresh application before this Court for being treated
at Indian Spinal Injuries Centre, Vasant Kunj, Delhi.
10. Thereafter, vide order dated 08.01.2024, this Court had
declined the request of applicant to get shifted to Indian Spinal
Injuries Centre since he had himself denied to get admitted in
Safdarjung Hospital, Delhi for getting the required treatment, without
any plausible justification. However, this Court had ordered that
applicant may be admitted in a Private ward/room in Zone-I of Super
speciality Block of the Safdarjung Hospital, Delhi.
11. The applicant herein has now complied with the aforesaid
order of this Court, and was admitted for medical treatment in
Safdarjung Hospital on 11.01.2024.
12. However, while pressing this application, learned counsel for
applicant, in a nutshell, has argued that though the applicant was
admitted in Safdarjung Hospital on 11.01.2024, till date, there has
been lack of supervised manual physiotherapy sessions which have
been prescribed to him; the Echo stress test has not been conducted
till date and he has not been effectively examined by a cardio-
vascular disease expert; and procedure of transforaminal epidural
steroid injection, which had to be administered to the Applicant for
C3-C4 joint in the spine, has not been carried out.
13. In such facts and circumstances, this Court notes that the
learned predecessor Bench vide order dated 19.09.2023 had directed
that the applicant be admitted in ILBS Hospital Delhi and thereafter,
spinal treatment relating to C3-C4 Herniated Nucleus Pulposus and
Right C6-C7 foraminal disc osteophyte, being specialized treatment,
was ordered to be conducted in Indian Spinal Injuries Centre vide
order dated 16.10.2023, and he was treated with neuropathic
medication, physiotherapy (IFT, TENS and Ultrasound therapy)
alongwith supportive and symptomatic medication as well as C6-C7
transforaminal epidural steroid injection.
14. Though the jail dispensary and the doctors at Safdarjung
hospital have extended the best possible treatment to the applicant
herein, but as it appears prima facie from the records, the applicant
has yet not been provided with the adequate treatment and relief
required by him at this stage. Moreover, he has stated that the
numbness and loss of sensation in his right hand and fingers has
increased and that the specialized post epidural care, as well as
effective cardio-vascular examination and treatment could not be
extended to him.
15. In the circumstances as the present one, and considering that
any degeneration or complication in the spine of the applicant due to
non-providing of the specialized treatment can have devastating
effect on his overall health in his future life, and considering that he
was given specialized treatment for spine related issues at Indian
Spinal Injuries Centre, this Court directs that the applicant be shifted
to Indian Spinal Injuries Centre, Vasant Kunj, Delhi, for a duration of
three (03) weeks, on the same terms and conditions as imposed vide
para 28 in order dated 22.12.2023, and the applicant shall continue to
remain in custody of the Jail Superintendent.
16. The report will be provided after three weeks, three days prior
to the expiry of the period of such admission in the hospital, to this
Court by Indian Spinal Injuries Centre, Vasant Kunj, Delhi, regarding
the medical condition of the applicant and future course of treatment.
17. In above terms, the present applications are disposed of.
18. Copy of this order be communicated to the concerned Jail
Superintendent forthwith for information and necessary action.
19. Order be given dasti under the signatures of court master.
20. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
JANUARY 29, 2024/At
