Mumbai. India. Jan 13, 2024. PMLA court one day allowed 74-year-old arrested Jet Airways (India) Ltd founder Naresh Goyal to meet his ailing and bedridden wife co-accused Anita Goyal on humanitarian grounds at their home in South Mumbai. Jan 13, 2024.
MUMBAI: A special court designated under the Prevention of Money Laundering Act (PMLA) denied bail on health grounds to Jet Airways founder Naresh Goyal in a money-laundering case. The 74-year-old businessman, diagnosed with cancer, was being “better looked after at the hospital” where he is admitted, the court remarked. Goyal is undergoing treatment at the private-run Sir H N Reliance hospital here for last two months.
The court in February denied interim bail to Goyal, but allowed him to undergo treatment at a hospital of his choice. Special judge for cases under the PMLA M G Deshpande rejected his bail plea. His bail application outlined significant changes in circumstances after the applicant’s admission to HN Reliance Hospital on March 5, 2024. “Post-admission, the applicant has suffered from fever with chills for which CBC and urine culture was conducted and cystoscopy and laser vaporisation of the prostate was recommended. The procedure of prostate surgery was carried out on 12 March 2024. The applicant is currently catharized with a WBC count of 19.49 as of March 14 2024,” the application said, adding that his health had become very fragile.
Goyal, in his application, stated that “denying him medical bail at this stage may well be writing his death warrant as it is obvious that he would not survive – maybe not even long enough to see the commencement (much less conclusion) of his trial.” It further stated that owing to Goyal’s age, he had become very weak with low immunity after he underwent an inevitable prostate surgery due to a duodenal malignant tumour.
The application also highlighted Goyal’s deteriorating mental health condition and claimed that the applicant was severely depressed because of the tests conducted. “The client has obtained a very high BR score of 103 on Major Depressions which is indicative of an individual who is usually incapable of functioning in a normal environment, is severely depressed and expresses a dread of the future, suicidal ideation and a sense of hopeless resignation,” the application stated citing his psychological report.
The report, according to the application, also revealed that Goyal had a high BR score on anxiety, indicating that he often felt tense, indecisive, and restless and tended to complaint various types of physical discomfort, such as tightness, excessive perspiration, ill-defined muscular aches and nausea.
Further considering the condition of his ailing wife undergoing treatment in the same hospital, the application added that denying the applicant bail would be a travesty and would negate even the basic human rights guaranteed under the Constitution.
However, the Enforcement Directorate, through their reply, strongly opposed the application stating that it was merely filed to delay the trial proceedings and submitted that the hospital had nowhere mentioned that the applicant’s disease was life-threatening.
The agency also highlighted that there was no significant change in circumstances which warranted the urgent and immediate need of the applicant to prefer the instant application for seeking bail on medical grounds, especially when sufficient and necessary relief was allowed by this court just a few days back.
Goyal was arrested in September 2023 by the ED in connection with an alleged bank loan fraud worth ₹538 crore. The ED’s case against Goyal is based on a May 3 FIR registered by the Central Bureau of Investigation (CBI) against Jet Airways (India) Ltd, Goyal, his wife Anita and former company executive Gaurang Ananda Shetty and unknown public servants and private persons.
According to the ED, Jet Airways had taken a loan from a consortium of 10 banks to meet its operational expenditure and an amount of ₹6,000 crore was still outstanding. “A forensic audit was done on the airlines whereby it was seen that around ₹1,152 crores had been diverted in the guise of consultancy and professional fees and ₹2,547.83 crore had been diverted to a sister concern, namely Jet Lite Limited, to clear its loan,” the ED said.
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