Yesterday,22nd April, The Delhi Court seeking clarification from the Enforcement Directorate (ED) regarding the recording of doctor statements in a PMLA (Prevention of Money Laundering Act) case. This inquiry part of the ongoing investigation into the ‘Land-for-Jobs’ scam. The court’s scrutiny underscores the importance of proper legal procedures and evidence collection in such financial crime cases. The ED’s response will shed light on the legal boundaries and protocols followed in gathering statements from medical professionals in connection with financial offenses.
New Delhi: During the hearing of businessman Amit Katyal’s interim bail plea in connection with the alleged land-for-jobs scam, a Delhi court queried the Enforcement Directorate about its authority to record statements from doctors under Section 50 of the Prevention of Money Laundering Act (PMLA).
Katyal, reportedly associated with former Bihar deputy chief minister Tejashvi Yadav, arrested by the ED last November in relation to this case. The ED’s investigation originated from a Central Bureau of Investigation (CBI) probe into claims of employment offers in the Indian Railways during Lalu Prasad’s tenure as railways minister in exchange for land deals benefiting his family and associates.
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Special Judge Rakesh Syal of the Rouse Avenue Court cited Section 50, outlining authorities’ powers in summoning, document production, and evidence presentation.
S V Raju, Additional Solicitor General of India, representing the ED, stated,
“Our objective is to gather statements to ascertain the truth. We have not intimidated the doctor.This is a practice we have followed for a considerable period, adhering to legal guidelines.”
Judge Syal raised concerns, questioning,
“Wouldn’t doctors find it challenging to navigate this situation? Is there not a disparity here? Why can’t the ED await court directives similar to other agencies?”
ASG Raju emphasized that their actions were in support of the court. He added,
“If the doctor has a personal relationship with the accused, then we are compelled to take such measures,”
Senior Advocate Vikas Pahwa, representing Katyal, questioned the necessity of recording the doctor’s statement, arguing that the ED had already completed all necessary verifications. Pahwa alleged that after the ED’s contact.The doctor ceased communication with Katyal.
Pahwa stated,
“If the doctor’s behavior changes due to ED’s intervention, it infringes on my rights under Article 21. The ED must adhere to the CrPC,”
Pahwa noted,
“Apollo Hospital had already clarified that no documents were forged. The ED’s approach encroached upon the doctor’s medical expertise, treating him as if he were a suspect in the case. Consequently, the doctor ceased communication with me.”
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Judge Syal inquired about the ED’s sharing of private medical records across doctors, citing privacy concerns. He remarked,
“Is this not a breach of privacy? It appears that the accused’s records reached multiple doctors,”
Raju countered, stating,
“The Puttaswamy judgment on privacy has not been violated. Privacy is infringed only when leaked to the media, and these are open court proceedings.”
Pahwa opposed, citing Indian Medical Council rules that prohibit sharing patient facts with other doctors.
In August 2017, the Supreme Court, in the case of Justice K S Puttaswamy vs Union Of India, affirmed that the Indian Constitution guarantees a fundamental right to privacy.
The discussions regarding Katyal’s interim bail will resume on Tuesday, with his interim bail currently extended by a day. Arguments concerning his regular bail are scheduled for Thursday.
Earlier in February this year, Judge Syal highlighted the urgency of Katyal’s medical condition when granting him interim bail. Judge Syal noted,
“Based on medical reports indicating the need for urgent cardiac and bariatric procedures due to his morbid obesity and associated heart risks, there is a potential life-threatening situation if not promptly addressed,”
Katyal and his company, A K Infosystems Private Limited, been the subject of scrutiny by both the CBI and the ED regarding the alleged land-for-jobs scam for an extended period. During its investigation, the ED discovered that A K Infosystems acquired a land parcel from a relative of a candidate who secured a position as a Group-D substitute in the Indian Railways.
Reportedly, in 2014, Katyal transferred ownership of his company to family members of Lalu Prasad Yadav.