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TMI Blog2023 (7) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... an at Cauvery Hospital, Chennai which is also a reputed hospital in Chennai, regarding the treatment in Cardiology, when the matter is concerning a life of an individual, the prayer on behalf of the detenu to undergo treatment at the hospital of their choice, at his own cost, can be acceded to even while he continues to be in judicial custody. But however, since there is a concern which is expressed on behalf of the respondents / Enforcement Directorate, even after shifting the detenu from the Omandurar Government Hospital to Cauvery Hospital, a panel of doctors constituted by the respondents, can also visit and examine the detenu and the medical records and the treatment which is being given to the detenu - the detenu is directed to be shifted to Cauvery Hospital, Chennai, for undergoing the emergency treatment as mentioned in the Medical Bulletin of the Omandurar Government MultiSpeciality Hospital, Chennai, dated 14/06/2023. Call the main Habeas Corpus Petition on 22.06.2023 for final disposal. - H.C.P. No. 1021 of 2023 - - - Dated:- 15-6-2023 - J. Nisha Banu And D. Bharatha Chakravarthy, JJ. For the Petitioner : Mr. Mukul Rohatgi, Senior Advocate, Mr. N.R. Elango ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectorate is that when the case in ECIR No.MDSZO21 of 2021 was registered as early as on 29.07.2021, summons was issued to the detenu to appear before the Enforcement Directorate. However, the detenu has challenged the same on the ground that predicate offences themselves were quashed on compromise between the parties. Ultimately, on 16.05.2023, the Hon'ble Supreme Court of India had set aside the quashing of the said offences and also has specifically given clearance for the respondents to proceed further in the matter under PMLA. 7. Mr. A.R.L. Sundaresan, learned Additional Solicitor General of India would further submit that the argument by the Learned Senior Counsel for the petitioner relating to the compliance of Section 40, 41-A...etc.. of the Criminal Procedure Code, will not arise in this case of arrest under P.M.L.A. as the same is governed by only Section 19 of the said P.M.L.A. As far as Section 19 of P.M.L.A. is concerned, the same contains the safeguards, as contained under Article 22 of the Constitution of India also. In that view of the matter, non-compliance of Sections 40 or 41-A does not arise in this matter. As far as Section 19 of the P.M.L.A., is concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... framing the following question: Whether the writ of Habeas Corpus Petition against an order of remand under Section 167 of Criminal Procedure Code is maintainable? and it has been answered in paragraph no.71 as follows:- 71. Thus, we would hold as follows: If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie. 14. Thus it can be seen that when the order of remand was subsequent to the filing of Habeas Corpus Petition and when arguments are made impugning the arrest and remand, the following questions arise for consideration in this petition: (i) Whether the grounds raised on behalf of the detenu of non-compliance is factually correct ? and (ii)Even if they are factual correct, whether it could amount to absolute illegality? . The above questions remain to be answered in this Habeas Corpus Petition. 15. Therefore, on the above limited questions, we entertain the Habeas Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prayer, the learned Additional Solicitor General relied upon the judgment of the Honourable Supreme Court of India in Enforcement Directorate, Government of India Vs. Kapil Wadhawan and another, and would submit that the Government Hospitals are adequately equipped to perform the surgery and there is no question of shifting the detenu to a private hospital. According to him, there can be no two opinions about the diagnosis made by the Omandurar Government hospital, but whether the surgery is emergent or not, can further be determined by external experts to be brought by them from All India Medical Sciences, New Delhi or any other expert team which may be constituted by this Court. Therefore, the learned Additional Solicitor General would submit that as far as the requirement of the emergent surgery is concerned, the same can be determined by an expert panel of Doctors, agreeable by the respondent-Enforcement Directorate also and accordingly, further orders can be passed and therefore, no emergent orders shifting the person from Omandurar Hospital need be passed by this Court. 19. At this juncture, it is brought to the notice on behalf of the petitioner that even in the Omandura ..... X X X X Extracts X X X X X X X X Extracts X X X X
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