A Delhi court Wednesday said it would pronounce its order on the bail plea of Rajeev Saxena, arrested in the AgustaWestland money-laundering case, on Thursday after going through his medical report.
Special judge Arvind Kumar directed the All India Institute of Medical Sciences to file a report on Saxena's medical condition.
The court also asked Tihar jail authorities to comply with the court's February 12 order in which it had directed the authorities to allow Saxena his necessary medicines and sleep apnea machine.
"The Director/Medical superintendent, AIIMS, is again directed to file report in respect of medical condition of accused Rajeev Saxena," the court said in its order.
Senior advocate Geeta Luthra, appearing for Saxena, submitted that the Tihar jail authorities did not permit the accused to have sleep apnea machine and medicines, after which the court asked the authorities to strictly comply with the previous order or to face consequences.
"The jail is directed to comply with the direction as contained in order dated February 12. The jail authorities are directed to permit accused Rajeev Saxena to have necessary medicines and sleep apnea machine," the court said in its order.
The court, while posting the matter for Thursday, asked the assistant superintendent or some other official from Tihar jail to appear during the hearing.
It also directed the jail authorities to take "necessary care with regard to hygienic conditions" and to provide "necessary facilities" considering Saxena's medical condition.
During the hearing, advocate DP Singh, appearing for the Enforcement Directorate, said he was not opposing Saxena's bail plea due to his medical condition and the fact that he was cooperating in the probe.
The court then asked the lawyer whether he was not opposing the bail on merits. The lawyer replied that he was only relying on Saxena's medical condition as he was suffering from leukamia.
To this, the court said, "remember it will apply in other cases then. We are recording everything, whatever you are saying".
Singh said, "Please record me. I can give it in writing".
The court also questioned the lawyer on ED's move to arrest Saxena and on not opposing his bail.
"You arrested him and thereafter sought custody thrice. He could have joined otherwise also. What was the difficulty? You are arguing that bail should be granted," the court said.
The ED replied it had apprehensions about his security, to which the court asked, "What about the security now".
The ED said, "Let him seek security. We will provide him that".
The Dubai-based businessman, Saxena, who was sent to jail till February 18, had said in his bail application that he was extremely sick with advanced terminal diseases and had coronary heart disease with four stents in his heart.
Saxena, who is in custody since January 31 after his deportation from Dubai, had said in his plea that when all the other accused in the case, including Gautam Khaitan, Ritu Khaitan, SP Tyagi, and others were out on bail, there could be "no justification" to deny him the same relief.