‘Sick Or Infirm Person Has Right To Have Adequate Treatment’: Delhi High Court Grants Bail To P Sarath Chandra Reddy In Liquor Policy Case

The Delhi High Court has granted regular bail on medical grounds to P Sarath Chandra Reddy in the money laundering case connected to the now-scrapped liquor policy of national capital, observing that a person who is sick or infirm has a right to have adequate and effective treatment.

Observing that right to live with dignity under Article 21 of the Constitution of India includes right to live a healthy life, Justice Dinesh Kumar Sharma said:

“Though jails and designated hospitals provide good basic treatment, but we cannot expect them to provide specialised treatment and monitoring as required in the present case. Last medical report of the petitioner dated 03.05.2023 shows that petitioner is in bad state and can be put into the category of sick/infirm.”

Reddy, Director at Aurobindo Pharma, was arrested by the Enforcement Directorate in November last year. Although initially bail was sought on merits, Reddy’s health condition deteriorated and various documents were produced on record to show that he was sick and infirm. He was earlier granted interim bail by the trial court.

ASG S.V. Raju appearing for ED submitted that an appropriate order may be passed if the court is satisfied with the medical record. He also said that Reddy did not influence any witness or tamper with any evidence during the period of interim bail.

Granting him regular bail on medical grounds, Justice Sharma said:

“It is pertinent to mention that the respondent department has also not brought on record any material on record to show that the petitioner is a flight risk. It is also a settled proposition that right to life is facet of Fundamental Right enshrined by the Constitution. Right to live with dignity includes right to live a healthy life. The person who is sick or infirm has a right to have adequate and effective treatment.”

However, the court clarified that the order was passed in view of Reddy’s medical condition and shall not be taken as a precedent. “It is also made clear that this court has not gone into the merits of the case and no expression made herein shall tantamount to be an expression on the merits of the case,” the court said.

Last week, the trial court granted regular bail to co-accused persons Rajesh Joshi and Gautam Malhotra in the money laundering case.

However, AAP leader and Delhi’s former deputy Chief Minister Manish Sisodia has been denied bail by the special judge in both CBI and ED cases. His bail pleas are presently pending before Justice Sharma.

ED has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12% to certain private companies. It has said that such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The agency also alleges that there was a conspiracy which was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margin to wholesalers. It was contended that Nair was acting on behalf of Sisodia.

Title: P. SARATH CHANDRA REDDY v. DIRECTORATE OF ENFORCEMENT

Citation: 2023 LiveLaw (Del) 382

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