Today, on April 30th, Naresh Goyal, the founder of Jet Airways, is scheduled to have his bail plea considered by the Bombay High Court this coming Friday. The focal point of the case against him revolves around accusations of money laundering and fraud linked to the airline’s collapse in 2019. This hearing signifies a pivotal legal milestone in the continuing probe of financial misconduct linked to Jet Airways’ downfall. Goyal’s plea aims for legal respite amidst escalating legal and financial pressures.
Mumbai: On Tuesday, the Bombay High Court announced it will consider Jet Airways founder Naresh Goyal’s application for bail on Friday. Goyal appealed to the high court for bail on medical grounds, and has contested the merits of the case brought against him by the Enforcement Directorate (ED), which previously dismissed by the Sessions court earlier this month.
Representing Goyal, advocates Harish Salve and Aabad Ponda argued that Goyal battling cancer and in critical condition. Salve mentioned that although Goyal currently in a private hospital of his choice, he is expected to be discharged by Sunday, prompting an urgent hearing of his petition.
On the opposing side, Advocate Aayush Kedia, representing the Enforcement Directorate, requested that the latest medical reports be reviewed before proceeding. In response, Justice NJ Jamadar agreed to the hearing set for Friday and instructed Kedia to prepare accordingly.
The plea argued that confining Naresh Goyal‘s bail exclusively to hospitalization would prevent him from caring for his critically ill wife. The application, represented by the law firm Naik Naik & Co, articulated that,
“Goyal is the primary caregiver to his wife, who relies on his presence for further treatment decisions and support.”
The petition further argued that both Goyal and his wife, facing life-threatening health issues, should be allowed to support each other as primary caregivers. It highlighted the importance of their mutual support, stating,
“While they both battle life-threatening conditions, they must be permitted to provide each other succor as the other’s primary care giver. The right to life under Article 21 of the constitution cannot be curtailed or suspended merely because a person is accused of an economic offence.”
Moreover, Goyal expressed a need to explore alternative medical treatments, which he argued was not feasible from a hospital setting.
Emphasizing the necessity for appropriate living conditions to manage his health post-treatment. The petition highlighted,
“This he cannot explore sitting in the hospital. During and after chemotherapy, he will require a clean, sterile environment and he cannot be sent back to jail,”
Goyal’s arrest by the ED in September 2023 stemmed from allegations of laundering money and misappropriating loans amounting to Rs 538.62 crore, which intended for Jet Airways and provided by Canara Bank.
The origins of the money laundering charges trace back to a Central Bureau of Investigation (CBI) FIR that implicated Jet Airways, Goyal, his wife Anita, and some former executives of the airline in a purported bank fraud scheme.
The bail plea submitted detailed Goyal’s severe health issues, noting that the ED acknowledged an ongoing investigation but has yet to file a supplementary prosecution complaint. It argued that the prospect of a trial beginning, let alone concluding, unlikely in the near future. The plea also documented observations from a special judge about Goyal’s physical tremors and various health complaints during court proceedings.
Moreover, the plea highlights a psychological report indicating Goyal’s severe depression and mentions that his wife, Anita, also battling terminal cancer. It criticized the Sessions court’s April 10 decision to deny bail, stating that the court failed to recognize that adequate post-treatment care, which Goyal requires, cannot be provided in a prison environment.
The special court observed that, according to medical professionals, the level of medical treatment Naresh Goyal currently receiving in a private hospital is significantly superior to what could be offered in a jail setting or even at his own home. This statement highlights the specialized and possibly intensive medical care Goyal requires, which is beyond the capabilities of standard home care or the medical facilities typically available within the prison system.
Naresh Goyal‘s bail application highlighted his previous role as the “Non-executive Chairman” of the Jet Airways board, emphasizing that his current state of ill health and physical frailty meets the legal requirements for bail under section 45(1) of the Prevention of Money Laundering Act (PMLA). This specific section allows for bail considerations based on the applicant’s physical condition. The plea stressed that Goyal’s serious medical issues and weakened condition make a compelling legal argument for his release on bail, underlining the necessity due to his inability to endure incarceration without access to necessary medical care.
Harish Salve, representing Goyal, worked alongside the team from Naik Naik & Co, including Managing Partner Ameet Naik and Partner Abhishek Kale.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
