Don't oppose surgeries just for sake of it: Mumbai court to ED on Anil Deshmukh, Nawab Malik's medical pleas
India Today
A Mumbai court on Monday asked the probe agency not to oppose the medical pleas of both the political leaders just for the sake of opposition and asked them to file a reply after taking medical advice at their end.
A Mumbai Court on Monday asked the Enforcement Directorate (ED) to “apply its mind before filing a reply” in the medical surgery applications filed by the former Maharashtra Home minister Anil Deshmukh as well as cabinet minister Nawab Malik.
Special Judge Rahul Rokde said, “The application should not be opposed for the sake of opposition. Verify if the surgery is really needed. Take medical advice at your end and then give a reply. It is their right to get a medical facility."
Special public prosecutor Sunil Gonsalves and Shreeram Shirsat, representing the agency, said that they needed time regarding the applications concerning medical surgery.
Judge Rokde then said, "I will give you time. But in both the cases, Malik as well as Deshmukh, I need the investigating agency to find out the medical details, speak to the doctors. The agency should apply its mind before filing a reply."With this, the court adjourned the hearing of the application to later in the week and extended the judicial custody of Deshmukh as well.Maharashtra Minister Nawab Malik, who was arrested by the Enforcement Directorate in a money laundering case, sought interim bail on medical grounds last week. Malik had earlier told the court that he was unwell due to kidney ailments and had swelling in his legs. He is currently in judicial custody.
Meanwhile, the former Maharashtra home minister, Deshmukh, had suffered a fall in prison a few weeks ago because of which he needed to undergo a couple of surgeries. These surgeries, according to his lawyers Aniket Nikam and Inderpal Singh, are not available in the state-run JJ hospital, so Deshmukh is to be admitted to a private hospital for the same.According to Nikam and Singh, the medical papers in their application state that the surgery needs to be done. Nikam also clarified to the court that, unlike Malik, who is seeking temporary bail, Deshmukh was not and would continue to be in judicial custody while he is treated.
Apart from the medical surgery, Deshmukh’s lawyer also filed an application for home food to be allowed in prison.The Judge then told him that the process could only move ahead when ED files a reply. "They will file a reply, I don't know whether they will oppose. If they do, then unless there is a report from the CMO of JJ hospital, I cannot do anything until then. We will have to go step by step."
While the ED will be filing a reply to Malik's temporary bail plea of six weeks by Monday afternoon, the probe agency had made it clear that they will be opposing.
