Excise Case: Court refuses to allow presence of Kejriwal's wife during consultation with medical board, says she can approach independently

New Delhi [India], July 6 : The Rouse Avenue Court of Delhi on Saturday refused to allow Arvind Kejriwal's plea seeking the presence of his wife during the consultation with the medical board.
"This court sees no reason to carve out an exception for the Applicant by going against the Prison Rules, more particularly in view of the submission of the jail authorities that several other inmates are also undergoing treatment for the same ailment as the applicant/Arvind Kejriwal and who have also not been permitted to have an attendant," the court said.
The Special Judge Kaveri Baweja noted that the relevant Prison Rule as cited by the Jail Authorities viz., Rule 479 (C) of the Delhi Prison Rules, 2018, permits the presence of a family member as an attendant with an under-trial prisoner by the Jail Superintendent in consultation with the Medical Officer Incharge, only when the prisoner is admitted in a hospital outside the jail premises.
"It is thus an admitted fact that the applicant who is lodged in Tihar Jail and is currently in judicial custody, is not admitted in any hospital," noted the Court.
The court has also allowed Kejriwal's request for medical records his meetings/consultation with doctors be provided to his wife. Jail authorities directed to provide medical records
The court has allowed the wife of the Applicant/Arvind Kejriwal may independently approach the concerned Medical Board/doctors, who may have a meeting/consultation with her to discuss the method of preparation of the medically prescribed diet of the applicant if so permitted under the Hospital Rule.
The petition was moved by Delhi Chief Minister Arvind Kejriwal in the Excise policy money laundering case.
Earlier, Kejriwal's Lawyer submitted that there is no question of opposing the application. No prejudice will be caused to ED if the applicant's wife remains present through video conferencing during the consultation by AIIMS Medical Board.
The counsels for ED while opposing the plea, submitted that we are providing every medical record. There is no need for his wife to be present.
During the hearing earlier, Kejriwal produced through video conferencing from Tihar Jail and also addressed the court and doctor who were there in last consultation and the dietician was telling how to cook food which has to be told to the wife.
He also said that there are so many consultations to take place which only my wife can appreciate. Kejriwal also said that the plea is on the humanitarian ground.
The Counsel for Kejriwal submitted that there are thousands of things that doctors tell. The wife has to be present only as an attendant.
Recently, the same court reserved an order on cognizance of the supplementary charge sheet filed against two accused persons namely Vinod Chauhan and Ashish Mathur.
The court is scheduled to pronounce the order on Cognizance on July 9. On the same day, a supplementary charge sheet filed against Arvind Kejriwal and AAP is also listed on the point of Cognizance.
Special judge Kaveri Baweja reserved the order after hearing submissions of ED's Special Public Prosecutor (SPP) NK Matta and the Investigation Officer.
ED alleged that Vinod Chauhan was involved in sending money to Chanpreet Singh through hawala dealers. It is also said that Rs. 1.06 crores were also recovered from Vinod Chauhan.
ED's SPP submitted that the Agency traced the money trail of the proceeds of crime which were used to fund AAP Goa assembly polls.
It is alleged that South Group's Abhishek Boinpally allegedly gave Ashok Kaushik 2 bags of cash who then gave them to Chauhan. Ashish Mathur, also named Chauhan in the 8th supplementary chargesheet allegedly took this money on behalf of Chauhan and gave it to various people who then transferred it to co-accused Chanpreet. This money was then used in the Goa elections.
On June 28, the Enforcement Directorate filed a supplementary prosecution complaint (charge sheet) in connection with the Excise policy case.
In the Excise case, the ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority's approval.