2014 (9) TMI 1264 - SC - Money Laundering

Permission to travel abroad - treatment of disease - stem cell therapy, which is not available in India - HELD THAT - The petitioner/applicant is facing trial under the Money Laundering Act and the trial is in progress. Since the petitioner/ applicant is suffering from a serious ailment and the Stem Cell therapy to treat the aforesaid disease is not available in our country, we permit the petitioner/applicant to go to Singapore where the said Stem Cell therapy is available with the conditions imposed. Application disposed off.

Summary

Issues involved:
1. Availability of Stem Cell therapy for a serious disease in the country.
2. Permission to travel abroad for medical treatment during an ongoing trial.
3. Conditions imposed for traveling abroad for medical treatment.

Analysis:

1. Availability of Stem Cell therapy: The petitioner, suffering from a serious disease treatable only by Stem Cell therapy, argued that such treatment is unavailable in the country, supported by documents from doctors and hospitals. The respondent's counsel confirmed that Stem Cell therapy is currently limited to treating cancer patients, not the specific disease of the petitioner. The court acknowledged the unavailability of the required therapy in the country.

2. Permission for medical treatment abroad during trial: Despite facing trial under the Money Laundering Act, the court granted permission for the petitioner to travel to Singapore for the necessary Stem Cell therapy. This decision was influenced by the critical nature of the petitioner's ailment and the lack of treatment options within the country.

3. Conditions for traveling abroad: The court imposed several conditions for the petitioner's travel to Singapore, where the Stem Cell therapy was available. These conditions included being accompanied by law enforcement personnel, bearing their travel expenses, arranging boarding and lodging, purchasing return tickets, and surrendering the passport to the accompanying police officer after immigration check. The specified travel dates and return deadlines were also set by the court.

In conclusion, the Supreme Court allowed the petitioner to travel abroad for medical treatment due to the unavailability of the required therapy in the country, subject to strict conditions ensuring compliance and security during the trip.