Bhushan Steel PMLA Case | Rouse Avenue Court Directs AIIMS to Form Medical Board to Examine Accused Nitin Johri

The Rouse Avenue Court of Delhi has instructed AIIMS to form a medical board to assess Nitin Johri, a defendant in the Bhushan Steel Limited money laundering case, who is seeking bail on medical grounds. Special CBI Judge Jagdish Kumar emphasized the urgent need for the medical board to evaluate Johri’s health condition.

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DELHI: Recently, The Rouse Avenue Court of Delhi has directed the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to examine Nitin Johri, who is accused in the Bhushan Steel Limited (BSL) money laundering case. Johri is currently seeking both regular and interim bail on medical grounds.

Special CBI Judge Jagdish Kumar issued the directive, emphasizing the need for a medical board to be formed expeditiously to evaluate Johri’s health condition.

“As such, the Director of AIIMS is urged to promptly establish a Medical Board. The investigating officer is instructed to present themselves before the Director of AIIMS, providing a copy of this order along with the necessary medical documents of the applicant/accused Nitin Johri attached to the bail application for the formation of said board.”

– the court stated in its order passed on June 6.

The Directorate of Enforcement (ED) has opposed Johri’s bail application, arguing that his illness is not severe enough to warrant bail.

“The illness of Johri is not deemed severe enough to warrant treatment exclusively outside custody, given the allegations against him.”

– the ED submitted.

In contrast, Johri’s counsel argued that his client’s medical condition justifies the granting of bail based on medical documents. The defense also referenced past judgments from higher courts to support their case for bail on medical grounds.

The ED’s counsel suggested that a professional opinion from a medical board could objectively assess Johri’s health status, thus supporting or refuting the claims made in his bail application.

After considering arguments from both sides, Judge Jagdish Kumar deemed it necessary for a medical board to conduct a thorough examination of Johri’s health.

“The medical board can provide an opinion on the medical condition of the applicant.”

– the ED’s counsel remarked, underscoring the need for an expert assessment.

The court’s decision mandates the involvement of AIIMS, known for its medical expertise, to ensure a fair and accurate evaluation of Johri’s condition. This step is crucial in determining whether his health issues warrant bail under legal provisions.

The court has issued a series of directives concerning the medical examination and treatment of Nitin Johri, the former Chief Financial Officer (CFO) of Bhushan Steel Limited (BSL). Johri, who was arrested by the Serious Fraud Investigation Office (SFIO) in 2019, is currently facing charges of money laundering registered by the Enforcement Directorate (ED) along with other accused in January 2024.

The court has mandated the formation of a medical board to assess Johri’s health condition.

“Upon the formation of the Board, the investigating officer shall arrange and notify the jail authority about the scheduled appearance of the applicant/accused before the Board.”

– the court ordered. This step aims to ensure that Johri’s health condition is thoroughly evaluated by medical professionals.

The court has directed the Jail Authority to cooperate fully with the medical board.

“The Jail Authority is also directed to ensure the presence of the applicant before the Medical Board on the date set by the Board for the examination.”

-the court instructed.

This directive underscores the importance of timely medical examination and the need for coordination between the jail authorities and the medical board.

In its order, the court emphasized the urgency of the medical examination.

“The Board will strive to conduct the examination of the applicant/accused expeditiously and submit a report by or before July 2, 2024.”

– the court directed.

This timeline indicates the court’s concern for Johri’s health and the need for prompt medical evaluation.

The court has instructed the Superintendent of Jail to ensure that Johri receives the best possible medical treatment from a government hospital.

“If necessary, and upon the recommendation of a doctor from a government hospital, the applicant/accused may receive treatment at a suggested private hospital, even if specialized care is required.”

-the court stated.

This directive highlights the court’s commitment to ensuring that Johri receives adequate medical care, even if it requires treatment at a specialized private hospital.

Regarding the financial aspect of Johri’s potential treatment at a private hospital, the court made it clear that the expenses would be borne by Johri himself.

“The applicant/accused shall be responsible for covering the expenses incurred for treatment at a private hospital.”

– the court ordered.

This decision ensures that Johri receives necessary medical care without imposing a financial burden on the state.

Nitin Johri, a former CFO of BSL, was arrested by the SFIO in 2019. His arrest was part of a larger investigation into financial irregularities at the company. In addition to the SFIO charges, Johri is also facing money laundering charges brought by the ED. These charges were formally registered in January 2024, implicating Johri and several others in a significant financial scandal.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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