The Bombay High Court denied bail to Nationalist Congress Party (NCP) leader Nawab Malik on medical grounds, stating that the medical report did not indicate any chronic illness that would warrant granting medical bail. Justice Anuja Prabhudessai, in a detailed order, observed that Malik is receiving specialised medical assistance and his right to health or right to life is not infringed.
Malik's PMLA case
Malik, who was arrested in February 2022 by the Directorate of Enforcement (ED) in connection with an alleged money laundering case linked to underworld don Dawood Ibrahim and his associates, had sought interim bail on medical grounds, claiming that he had lost one kidney and the other was functioning weakly. The NCP leader is currently in judicial custody and undergoing treatment for chronic kidney disease at a private hospital.
Senior advocate Amit Desai, representing Malik, argued that his health had deteriorated over the past eight months and he was in stage 2 to stage 3 of chronic kidney disease.
In a 14-page order, the High Court emphasized that every citizen has a right to health as recognized under the Constitution of India. The judge noted, "Failure of the State to provide proper medical aid to the prisoners, who are largely dependent on the jail authorities, would be in violation of the right guaranteed under Article 21 of the Constitution." However, the court observed that Malik's right to health or right to life was not curtailed or infringed, considering the specialized medical assistance and monitoring he receives at Criti Care Asia, a chosen multispecialty hospital.
Court: No fixed formula for granting medical bail
The court further stated that there is no fixed formula for granting medical bail, and discretion depends on the facts and circumstances of each case. The nature of the sickness, health condition, and availability of specialized and sustained medical treatment within the jail are considered. Referring to a medical report from Dr. Sharad Kole of Criti Care hospital, the judge noted that it did not indicate any critical ailment or compromised functioning of Malik's right kidney. The report even stated that further hospitalization was not required.
While the bail plea on merit is expected to be heard by the court after two weeks, the current ruling rejects the plea on medical grounds, emphasising the absence of a chronic illness warranting medical bail for Malik.
