The Supreme Court, on Friday, extended the interim bail granted to former Delhi minister Satyendar Jain in a money laundering case until September 1. This move comes in the face of strong opposition from the Enforcement Directorate (ED), which argued that the medical advice presented for the AAP leader didn't justify the extension.
The bench, comprising Justices AS Bopanna and M M Sundresh, granted the extension to Jain after carefully considering his medical report. Addressing the opposition from the Additional Solicitor General, the bench stated, "Though the Additional Solicitor General opposes the grant of extension of interim bail by contending that medical advice as referred to is not sufficient to extend the bail… medical bail granted earlier stands extended till September 1."
Senior advocate Abhishek Singhvi, at the outset, asserted that Jain should be granted regular bail as he has already spent more than 15 months in jail. Singhvi highlighted Jain's medical condition, explaining that he is currently undergoing rehabilitation following a significant spine surgery. Aquatic physiotherapy has been recommended for him, and he can only walk with assistance. Singhvi noted, "Bathroom only in a standing position, walk only with assistance," quoting from the medical report.
In contrast, Additional Solicitor General SV Raju vehemently opposed the extension of bail and insisted that Jain should undergo an independent evaluation at AIIMS in Delhi.
He made a somewhat ironic remark, stating, "We can take him to a swimming pool for physiotherapy purposes. He wants a swimming pool in jail. If he wants, we can take him to a swimming pool for aquatic exercise. All patients cannot afford a swimming pool." Raju argued that Jain did not need an extension and called for an examination of the medical advice. He emphasized the nature of the medical advice given.
In response, the bench humorously commented, "What to do if he avails physiotherapy and you take his photograph and publish it," alluding to photographs of Jain receiving special treatment in Tihar jail. Raju clarified that it was a co-accused who had provided the treatment.
The Enforcement Directorate had accused Jain of receiving preferential treatment inside Tihar Jail while he was the minister in-charge of prisons for several months, despite being in judicial custody. The ED alleged that Jain was receiving body and foot massages from unidentified individuals. The agency even presented CCTV images to the court, arguing that Jain spent most of his time either in the hospital or enjoying privileges that a prisoner should not have.
On May 26, the Supreme Court had initially granted interim bail to Jain for six weeks on medical grounds, citing a citizen's right to choose private hospital treatment at their expense. Later, on July 24, the court extended the interim bail by five weeks.
The ED arrested Jain on May 30 the previous year on money laundering charges related to four allegedly linked companies. The arrest was made based on a 2017 CBI FIR registered under the Prevention of Corruption Act. He had been granted regular bail by a trial court on September 6, 2019, in a case filed by the CBI.