Delhi HC Directs Unitech's Former Director Ramesh Chandra To Surrender

The Delhi High Court on Friday directed Unitech's former director, Ramesh Chandra, to surrender before jail authorities on Saturday. He was on interim bail for one and a half years.

The High Court took note of the report of the Medical Board of AIIMS and the fact that the ailment is not life-threatening and treatment in jail is feasible.

He is accused in a case of money laundering related to the diversion of funds of Rs. 5826 related to home buyers.

However, the court has directed the jail authorities that Ramesh Chandra shall be evaluated from time to time for continuity of medical treatment at least twice a week.

He was granted interim bail on July 28, 2023. The same was being extended from time to time.

Justice Anoop Kumar Mendiratta disposed of the application with certain directions and directed Ramesh Chandra to surrender before the jail authorities.

"In the facts and circumstances, petitioner is directed to surrender before the Superintendent Jail on 16.03.2024 and interim bail is extended till then on the same terms and conditions," Justice Mendiratta said in the judgement passed on March 15.

However, the High Court directed that, given the decline of cognitive facilities, appropriate steps shall be taken as per medical advice to ensure proper medication for the petitioner.

Further, the petitioner shall be evaluated from time to time for continuity of medical treatment and at least twice a week, the bench added.

The High Court noted that, as per the medical opinion given by the Medical Board of AIIMS, the treatment of the petitioner is feasible in Jail Hospital, subject to necessary steps being taken to reduce the risk of falls due to cognitive decline.

"Given medical opinion, the petitioner cannot claim bail as a matter of right for treatment only at a specialised hospital of his choice," Justice Mendiratta observed.

He said that to take note of concerns as expressed in medical opinion, Superintendent Jail can be duly directed to ensure the provision of requisite medical treatment and facilities by jail rules at the jail hospital to ensure that the life of the petitioner is not imperilled in any manner.

The High Court noted that the petitioner has been granted the benefit of interim bail on medical grounds since July 28, 2022, which has continued from time to time till date for one and a half years. It needs to be assessed if the ailment suffered by the petitioner is of such a nature that it cannot be treated while keeping him in custody.

Petitioner, who was one of the directors of Unitech Limited, is involved in serious offences involving the diversion of funds to the tune of about Rs. 5,826 crore belonging to home buyers, who stand duped and are shelterless, the court said.

The High Court said that the grant of bail is subject to the rigours of Section 45 of the PMLA, 2002, on the satisfaction that necessary circumstances exist warranting the exercise of discretion guided by the principles of law.

The sickness has to be serious and life-threatening and the treatment required is to be specialised, which cannot ordinarily be provided in jail or custody, it added.

Justice Mendiratta held, "No straitjacket formula or parameters can be listed in this regard but each case needs to be examined in the light of medical reports and the condition of the accused. Further, apart from old age, the ailment should be of a nature that incapacitates a person to perform his routine activities."

While disposing of the application, the High Court further directed the jail superintendent to ensure that in case of any. aggravation of the medical condition of the petitioner or if the circumstances so warrant, the petitioner shall be immediately referred to G.B. Pant Hospital or any other specialised. government hospital for necessary treatment, ensuring the provision of necessary medical facilities as per jail rules.

Counsel for the petitioner had urged that the petitioner, being aged above 85 years, form a distinct class and even the report of the Medical Board constituted by AIIMS reflected the poor condition of health of the petitioner.

The counsel further emphasised that the petitioner requires continuous monitoring and treatment, which is not feasible in jail.

His regular bail application is listed for April 15, 2024. 

(ANI)