2023 (5) TMI 1377 - HC - Money Laundering

Seeking modification of the bail conditions imposed upon the petitioner - permission to travel abroad to United States of America from 26.03.2022 to 26.04.2022 for appropriate medical treatment for serious ailment suffered by him including stage-II cancer i.e. carcinoma prostate - HELD THAT - This court is conscious of the fact that every person has the right to get effective and proper medical treatment. Anybody has the right to have the medical treatment. Right to live healthy life with dignity is fundamental right of every citizen of this country. Therefore this court has always been of the firm view that the person should get all necessary medical treatment for being health. However at the same time while dealing with such matter the court has to balance the right of the individual with the right of the prosecuting agency. The right of the prosecuting agency is equally important that is to ensure that the accused attends to the trial and may not abscond. The court has to strike a balance and to see that the person who has approached the court should not be deprived of the effective medical treatment and at the same time prosecuting agency may not suffer on account of non-availability of the accused person. In this regard the report of the medical board becomes very important. The medical board has specifically stated that the treatment which is required for the petitioner can be provided in various medical institutions across India. Petition dismissed.

Summary

Issues:
1. Modification of bail conditions for international travel for medical treatment.
2. Balancing individual's right to medical treatment with the prosecuting agency's interest.

Analysis:
1. The petitioner sought modification of bail conditions to travel to the UK for postoperative treatment after undergoing surgery for prostate cancer. The petitioner had been released on bail with conditions not to tamper with evidence, contact witnesses, leave the country without court permission, and to join further investigations. The trial court had previously allowed travel to the USA for medical treatment, which was challenged by the Enforcement Directorate and set aside by the High Court.

2. The petitioner's latest application for travel to the UK was dismissed by the trial court, leading to the current petition. The petitioner argued for the fundamental right to effective medical treatment, citing complications post-surgery. The Special Counsel for the Enforcement Directorate opposed the request, highlighting the magnitude of fraud involved and concerns about the petitioner not returning to India. A medical board report certified the need for specialized treatment not available in India but did not rule out treatment options within the country.

3. The High Court emphasized the fundamental right to proper medical treatment for individuals while considering the prosecuting agency's interest in ensuring the accused's presence for trial. The court acknowledged the need to balance these rights, particularly in cases involving serious allegations and substantial amounts of money. The court noted that the medical treatment required by the petitioner could be obtained in various medical institutions in India, as per the medical board's report.

4. The High Court, while recognizing the importance of medical treatment, dismissed the petition, considering the balance between individual rights and the prosecuting agency's concerns. The court highlighted the need for the accused to attend trial proceedings and not abscond, indicating the significance of upholding the rule of law and ensuring accountability. The petitioner was given the option to file a new application in case of urgent circumstances, maintaining the possibility of reconsideration based on future developments.