New Delhi, April 23 (FN Representative) A Delhi Court on Monday turned down the plea of Chief Minister Arvind Kejriwal for 15-minute consultation with his doctor through video conferencing daily in connection with his acute diabetes and fluctuating blood sugar level. Kejriwal had also sought to allow his wife to join and remain present on VC. Special Judge Kaveri Baweja of Rouse Avenue Courts rejected Kejriwal’s plea and said Tihar Jail is fully equipped to take care of his medical issues. The court directed the jail authorities to ensure all requisite medical treatment is provided to him, in case Kejriwal requires specialist consultation. The Court also directed the Tihar authorities to constitute a medical board with the help of the Director of AIIMS to monitor Kejriwal’s sugar levels. The Court said that the medical board constituted by AIMS will decide about the administration of insulin to Kejriwal and will prescribe a diet and exercise plan for him. The court said that Kejriwal cannot be treated differently from other inmates as laws/Jail Manual must apply equally to all. “The request for private treatment can only be permitted if the jail authorities are unable to provide the requisite medical facilities to the applicant,” the court said. The Court, however, allowed Kejriwal to have home-cooked food, which will be as per the diet prescribed by the medical board. The Enforcement Directorate (ED) had alleged that Kejriwal is intentionally having mangoes, sweets and tea with sugar in jail to increase his sugar level and alleged that he was doing so to create a ground for bail.
Kejriwal, however, rejected ED’s allegations and said that mangoes were sent to him in judicial custody in home-cooked food only thrice, out of a total 48 meals. The court noticed that the food items provided to Kejriwal as home-cooked food were “quite different” from the diet prescribed by his doctor which contains mangoes, sweets, aloo puri etc. The court said that the jail authorities have not explained why the food items which were not as per judicial order and Kejriwal’s medical prescription were allowed to be sent to him, in the first place. The Court observed that Kejriwal’s diet chart does not allow vegetables such as potatoes, Arbi etc and there is also no specific mention of mangoes in the said diet chart, the court said. The Court observed that there was no request by Arvind Kejriwal to administer insulin to him during the time of arrest or at any point in time. The ED alleged that Kejriwal had never mentioned before that he was taking insulin. The judge said the Tihar Jail Authorities have assured that the doctors are posted in jail around the clock and Kejriwal’s blood sugar levels are being measured twice a day. “It is apparent that the jail authorities have a well-developed infrastructure for providing requisite health care to the inmates. Reportedly other jail inmates with similar medical conditions are being provided requisite medical treatment by the Jail Authorities, “ the court remarked. The Court said, “Further, the plea of the applicant that insulin is not being given to him despite his repeated requests, also cannot be accepted since insulin cannot be administered to a person suffering from Hyperglycemia only based on his request,” the court said. The judge further said the fact that jail authorities have an entire list of home-cooked food received by Kejriwal, clearly shows that they were, all along aware about the diet he was receiving.
“The jail administration neither brought the said non-compliance of the order to the notice of this court, nor took any steps to ensure that the Applicant does not consume those food items which were not prescribed by his doctor,” the court said Senior Advocate Abhishek Manu Singhvi appeared for Kejriwal. Zobeh Hossain, the special counsel, appeared for ED. Kejriwal was arrested by the Enforcement Directorate (ED) on the night of March 21. His judicial custody is expiring tomorrow, April 23. On April 10, the Delhi High Court dismissed Kejriwal’s plea challenging his arrest, observing that the ED had placed enough material on record ED alleged that Rs 100 crore was received as kickbacks by Kejriwal which was deposited in the party’s bank accounts and used in Goa elections. Kejriwal challenged the Delhi High Court order passed by Justice Swarana Kanta Sharma in the Supreme Court in which it had rejected his plea challenging his arrest by the ED. The Supreme Court had issued notice on Kejriwal’s plea challenging his arrest by the ED and subsequent remand but the court refused to grant any interim relief. AAP leaders Manish Sisodia and Sanjay Singh are also accused in the case. Singh was granted interim bail by the Supreme Court recently for joining the election campaign. Sisodia was, however, denied any relief from the court and he continues to remain in jail. BRS leader K Kavitha is also an accused in the same case. She is also in Judicial custody and her bail application will come up for hearing before the Special ED Court on May 2.