On Wednesday, a Delhi court ruled that Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal is not eligible for interim bail under the Prevention of Money Laundering Act (PMLA) due to his active participation in election campaigning and meetings during the recent Lok Sabha elections. This activity indicates he is not suffering from any severe or life-threatening conditions.
Special Judge Kaveri Baweja of the Rouse Avenue Court remarked that Diabetes, including type-2 Diabetes, is not considered a serious disease warranting interim bail for Kejriwal in relation to the Delhi Liquor policy case.
The judge stated, “As stated earlier, it is also the plea of the Applicant (Kejriwal) that he is suffering from Diabetes Milletus for which certain orders have also been passed by this court on earlier occasions. However, Diabetes or even type-2 Diabetes cannot be said to be so serious an ailment so as to entitle him to the relief claimed. Further, the extensive campaigning tours and related meetings/events undertaken by Sh. Arvind Kejriwal as highlighted during the course of arguments also indicate that he does not appear to be suffering from any serious or ‘life threatening’ ailment so as to entitle him to the beneficial provision as contained in proviso to Section 45 PMLA.”
The court noted that Kejriwal sought interim bail due to a potential diagnosis of Diabetic Ketoacidosis, indicated by high ketone levels, and required a series of tests. However, the court stated these tests could be conducted while he remains in custody.
“In my considered opinion, the ground for grant of interim bail i.e. for conducting tests in order to determine if high ketone levels or the stated weight loss could have caused Diabetic Ketoacidosis, stands on an even weaker footing than a medical ground. Apparently, as per the Applicant (Kejriwal) himself, he seeks interim bail for ‘diagnosis’ of an anticipated ailment which, cannot be said to be a valid ground for the relief prayed for, particularly when this concern can be addressed while the Applicant is in custody.”
Judge Baweja emphasized there is no valid reason why these diagnostic tests cannot be performed while Kejriwal is in custody. Thus, the court found no grounds to grant the requested relief.
However, the court directed immediate attention to Kejriwal’s health concerns, ordering the reconstitution of the Medical Board of AIIMS for his examination. The Medical Board is to comply with the previous order dated April 22, 2024, and to carry out the necessary diagnostic tests within three days.
“The Jail Authorities shall ensure that the prescribed recommended tests/evaluations of the Applicant are got conducted without any delay. Upon receipt of the Test Reports, the Medical Board shall prescribe the further necessary treatment as may be required and the Jail Authorities shall ensure that the treatment so prescribed by the Medical Board is provided to the Applicant forthwith, under intimation to this court.”
