Delhi High Court has directed the constitution of a medical board to evaluate the medical condition of RJD chief Lalu Prasad Yadav's close aide Amit Katyal, who sought interim bail on medical grounds in a money laundering case linked to the alleged land-for-jobs scam in the Indian Railways. The High Court observed that even though the report from the jail did not indicate any «underlying medical condition», the accused recently had a bariatric surgery and, therefore, asked the AIIMS director to immediately constitute the team of doctors from minimum three different specialties to ascertain the nature of ailments he is suffering from.
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The High Court emphasised that the right of health of an individual, being a facet of right to life under Article 21, cannot be abridged without due process of law in a mechanical manner and an individual can be released on an interim bail when specialized treatment and care, which cannot be provided in jail, is necessary.
«The Court cannot assume the role of an expert and make an assessment of its own as regard the medical condition of the petitioner… In the circumstances, this Court deems it appropriate to constitute a medical board to evaluate the medical condition of the petitioner,» concluded a vacation bench of Justice Vikas Mahajan in an order passed on June 7.
The High Court said after the evaluation of medical records and examination of the petitioner accused, the medical board shall furnish a report on or before June