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The Rouse Avenue Court on Tuesday rejected a plea from businessman Amit Katyal, an accused in a suspected land-for-job money laundering case, seeking an extension of interim bail granted to him in February this year. Consequently, the court has directed Katyal to surrender before jail authorities by today.
Former Bihar Chief Minister Rabri Devi and her two daughters have been charged by the Enforcement Directorate (ED) in the same case. However, the court has criticized the conduct of the ED for obtaining independent medical opinions on the health of the accused, considering it a breach of privacy and an overreach of the court’s authority.
Special Judge Vishal Gogne declined Katyal’s plea for an extension of interim bail, stating, “The plea of the accused for extension of interim bail is declined.” The court has instructed Katyal to surrender before the Superintendent of Central Jail by 5:00 pm on May 1, noting that he has been deemed fit for normal physical activity following surgery at Medanta Hospital and is in a recovered state of health.
While addressing the plea, the court questioned the ED’s conduct in recording statements from treating doctors at private hospitals without consulting the accused or seeking permission from the court. The judge cautioned against the misuse of stringent provisions of the Prevention of Money Laundering Act (PMLA) and emphasized the right to privacy and data protection.
The court further mandated the Director of the ED to ensure that agency officers are well-versed in the legal provisions concerning privacy rights and medical regulations. Additionally, it stressed the need for medical practitioners to be equally aware of these legal nuances.
The court expressed concern over the sharing of the accused’s medical records with government hospitals and the verification of previous treatments with private hospitals without the accused’s consent or court permission. While acknowledging the court’s authority in matters related to the accused’s health, the judge criticized the ED’s overzealous approach and urged restraint in future actions.
The court emphasized adherence to established norms and respect for court orders, particularly when matters are under judicial consideration. It highlighted the importance of maintaining confidentiality and respecting privacy rights in legal proceedings.
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