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TMI Blog2023 (7) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel appearing on behalf of the petitioner, Mr. A.R.L. Sundaresan, learned Additional Solicitor General of India, assisted by Mr. N. Ramesh, learned Special Public Prosecutor for Enforcement Directorate. 2. This Habeas Corpus Petition is filed complaining about the illegal detention of the husband of the petitioner namely V.S enthil Balaji, son of Velusamy, aged about 48 years. 3. It is the contention of the petitioner that she is the wife of the detenu. There are three criminal cases pending against the detenu in C.C. Nos.19, 24 & 25 of 2021 on the file of the learned Additional Special Court for trial of cases against M.P. / M.L.A. and the offences are under Sections 406, 409, 420 and 506(1) read with Section 34 of the Indian Penal Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... torate. However, the detenu has challenged the same on the ground that predicate offences themselves were quashed on compromise between the parties. Ultimately, on 16.05.2023, the Hon'ble Supreme Court of India had set aside the quashing of the said offences and also has specifically given clearance for the respondents to proceed further in the matter under PMLA. 7. Mr. A.R.L. Sundaresan, learned Additional Solicitor General of India would further submit that the argument by the Learned Senior Counsel for the petitioner relating to the compliance of Section 40, 41-A...etc.. of the Criminal Procedure Code, will not arise in this case of arrest under P.M.L.A. as the same is governed by only Section 19 of the said P.M.L.A. As far as Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er as well as the respondent Enforcement Directorate in the main Habeas Corpus Petition. 11. The learned Additional Solicitor General of India relied upon the decision in Saurabh Kumar through his father vs. Jailor, Koneila Jail and another reported in (2014) 13 SCC 436, State of Maharashtra and others vs. Tasneem Rizwan Siddiquee reported in (2018) 9 SCC 745, A. Lakshmanarao vs. Judicial Magistrate First Class Parvatipuram and others reported in 1970 (3) SCC 501 and Serious Fraud Investigation Office vs. Rahul Modi and another reported in (2019) 5 SCC 266. 12. On behalf of the petitioner, the learned senior counsel relied upon the judgement in Satender Kumar Antil vs. Central Bureau of Investigation and another in (2022) 10 SCC 51 and ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Habeas Corpus Petition. 15. Therefore, on the above limited questions, we entertain the Habeas Corpus Petition. Let notice go to respondents, returnable by 22.06.2023. Let counter affidavit be filed by then. It would be open for the learned counsel for the petitioner to file a copy of the remand order and to raise any additional grounds, thereof by then. 16. In the mean while, it is pleaded on behalf of the petitioner, that seeing the conditions of the detenu, at the time of arrest at about 1.39 am., the respondent Authorities themselves have taken him to the Omandurar Government Multispeciality Hospital. At the Omandurar Government Hospital, the detenu was admitted as an inpatient and it is admitted by both sides that an angiogram h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... saving surgeries, the choice of the accused to undergo treatement in particular private hospital has been recognised by the Hon'ble Supreme Court of India and other Courts in various orders. 18. Opposing the above prayer, the learned Additional Solicitor General relied upon the judgment of the Honourable Supreme Court of India in Enforcement Directorate, Government of India Vs. Kapil Wadhawan and another, and would submit that the Government Hospitals are adequately equipped to perform the surgery and there is no question of shifting the detenu to a private hospital. According to him, there can be no two opinions about the diagnosis made by the Omandurar Government hospital, but whether the surgery is emergent or not, can further be de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment Hospital itself or the hospital of their choice. In this regard, when the petitioner pleads that they have a regular physician at Cauvery Hospital, Chennai which is also a reputed hospital in Chennai, regarding the treatment in Cardiology, when the matter is concerning a life of an individual, we are of the view that prayer on behalf of the detenu to undergo treatment at the hospital of their choice, at his own cost, can be acceded to even while he continues to be in judicial custody. 22. But however, since there is a concern which is expressed on behalf of the respondents / Enforcement Directorate, even after shifting the detenu from the Omandurar Government Hospital to Cauvery Hospital, a panel of doctors constituted by the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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