Delhi HC reserves order on CM Kejriwal's plea to consult his doctors daily through VC, seeks reply from Tihar

New Delhi [India], April 20 : The Rouse Avenue Court on Friday reserved order on a plea moved by Delhi Chief Minister Arvind Kejriwal seeking direction to Tihar jail authorities to administer insulin and allow him to consult doctors through video conferencing daily for 15 minutes with respect to his acute diabetes and fluctuating blood sugar level.
The Special Judge, Kaveri Baweja, after hearing the submissions at length from all sides, said, "I will pass the order on April 22, 2024. Meanwhile, we asked Tihar Jail Authorities to file a detailed reply from the Enforcement Directorate and Tihar Jail Authorities till tomorrow."
During the arguments, Senior Advocate Abhishek Manu Singhvi appeared for Kejriwal and submitted that allegations are that I have been consuming mangoes... Out of 48 meals sent from home, only three times mangoes were there. Mangoes have not been sent after April 8. In an attempt to pre-empt and cover-up the issue, jail authorities in collaboration with ED, has sought to do media trial by alleging that sugar levels of the Applicant is rising because of his diet.
Singhvi also clarified that the aloo poori subzi was eaten by him during the Navratra as a Parishad only.
Senior Advocate Ramesh Gupta also appeared for Kejriwal and objected to the ED's submissions yesterday and said ED has nothing to do with this. Kejriwal is under judicial custody now, not in ED custody. ED is just trying to say, Aam Aadmi mango nahi kha sakta hai. "Aam Aadmi aam nahi khayega to kya mushroom khayega," he sarcastically said.
While speaking to the media, Senior Advocate Ramesh Gupta alleged that the jail authorities have filed a report of AIIMS without having examined the patient.
Appearing for Tihar Jail, counsel submitted that Kejriwal is not following the diet. We have also gotten an opinion from AIIMS in this regard. According to that, he should avoid mangoes, grapes, bananas, and litchi-type fruits. The diet chart that was given on April 1 on which home-cooked food was allowed, is there a variation in what is being sent.
The lawyer further stated that there is a suggestion that the home-cooked food shall follow the AIIMS report and if the same doesn't happen, then I'll forcibly have to make a suggestion that home-cooked food shall not be allowed as per the jail manual.
Tihar jail counsel further stated that it is not correct that he is not being monitored or that he is facing any difficulties. Whatever facilities are required, they have been provided for. Allegations made in fresh applications call for a reply.
Kejriwal, through plea, stated that during the consultation with Dr. Ravichandra Rao, through video conferencing, allow his wife, Sunita Kejriwal, to join and remain present.
Plea further stated that from February 1, 2024, under careful medical supervision, the applicant, Arvind Kejriwal, was able to start 'Insulin Reversal Programme' and the administration of insulin was discontinued. The strict medical supervision of a diabetes expert helped in effectively regulating glucose levels. The medicines, food & exercises would be titrated [continuously measured and adjusted] daily using a continuous glucose monitoring sensor, wherein sugars were monitored closely.
Due to such daily medical & dietary interventions and tailor-made daily exercise interventions, the applicant was successfully removed from exogenous insulin and switched to oral medication while maintaining optimal glucose levels during the programme, as stated in the plea.
Due to arrest on March 21, 2024, the applicant was incapacitated and was unable to follow the said Insulin Reversal Programme, as stated in the plea.
It is shocking and also alarming that, from the date of his arrest, i.e. March 21, 2024, the Applicant has not been administered insulin to control his sugar levels. has neither been able to follow Insulin Reversal Programme nor been administered insulin to control his blood sugar levels, stated the plea.
While in judicial custody, the applicant was seen by a doctor who is not even a diabetologist, and therefore, despite repeated requests by the applicant, a basic administration of insulin was also not provided, the plea alleged.
Kejriwal's plea stated that representatives from Tihar Jail, via the Enforcement Directorate's counsel, presented a chart detailing the food provided for the applicant. However, this account failed to reflect the numerous occasions when the Applicant did not consume the food offered. Notably, there was no documentation or evidence submitted to accurately indicate what the Applicant actually consumed.
It is shocking that ED apprehends that a person would deliberately cause such alarming hike in sugar level and risk his life to get medical bail. This only demonstrates a serious lack of probity, fairness and the vendetta and arbitrariness with which ED is conducting itself unabashedly against the Applicant. This also reveals a blatantly vindictive stance, thereby compromising the integrity of the enforcement agency and manifestly displaying a prejudicial disposition against the Applicant, as stated in the Kejriwal plea.
On Thursday, ED alleged that Kejriwal is consciously consuming items like Tea with sugar, Banana, Sweets (1/2 pieces), Poori, aloo Sabji, etc. on a regular basis, despite being a patient of diabetes mellitus type II and knowing very well that consumption of such items results in increase in blood sugar. This is being done to create a medical emergency, to obtain sympathetic treatment from the Court of Law on medical grounds.
Diet chart may be compared with home-cooked food (lunch and dinner) and the breakfast provided by the Jail Authorities since April 2, 2024, to show the court whether the same has been followed or not. If not, the conduct of Kejriwal needs to be informed to the Court, said ED counsel Medical Doctors are posted in Jail round-the-clock, who are measuring blood sugar levels of Kejriwal twice a day, stated ED counsel after going through Tihar's report.