Former Haryana Chief Minister Om Prakash Chautala's plea for extension of interim bail on medical grounds was today dismissed by the Delhi High Court, which said "he doesn't require further hospitalisation." 78-year-old Chautala has been directed to surrender before Tihar Jail authorities on September 17.
Referring to a report filed by All India Institute of Medical Sciences (AIIMS) medical board, set up on the court's order, Justice Siddharth Mridul declined to extend Chautala's interim bail. "In my view, no further hospitalisation is required. I don't see any ground for extension of his interim bail. Accordingly, the application is dismissed.
"However, at the submission of petitioner's counsel, 10 days time is granted to surrender before jail authorities... The applicant is directed to surrender on September 17 before the jail authorities," Justice Mridul said. The court referred to the medical board opinion in which it was said that, "Chautala does not need admission for his co-morbid condition (medical condition existing simultaneously but independently with another condition in a patient) and only requires a regular medical attention and follow up in the out-patient department".
The report also said these co-morbid conditions were present prior to his current hospitalisation for pacemaker implantation. As per the report, Chautala has been undergoing rehabilitation and physiotherapy which are to be continued without hospitalisation. Presently, hospitalisation is not required, as such, the report also said.
Senior advocate UU Lalit, appearing for the INLD leader, argued that for the past three months he has not moved out of the hospital due to medical reasons and he needs constant medical care.Chautala, his son Ajay Chautala and 53 others are serving varying jail terms in the Junior Basic Trained (JBT) teachers' recruitment scam.
Lalit argued that till conclusion of his appeal before this court, his interim bail should be extended. The court, however, rejected all his arguments.
Opposing Chautala's plea, CBI's public prosecutor Rajdeepa Behura submitted that after the implantation of pacemaker, he has been granted sufficient time by the court for his medical treatment. She also argued that so far his exercise and physiotherapy is concerned, it has been taken care of by the Tihar jail authorities. Therefore, he does not require to be enlarged on bail any more, she said.
Chautala was first granted interim bail by the high court on July 23 for six weeks and it has been extended so far. The court, on August 12, while extending interim bail of Chautala had asked the AIIMS Director to constitute a medical board and file a report giving specific answer to a query as to whether Chautala needs hospitalisation.
Earlier, the court had granted interim bail for four weeks to Ajay Chautala for treatment of his cardiac ailments at a private hospital in Gurgaon here. Ajay, like his father, has been advised either to undergo the pacemaker implant surgery or other medical procedures for his cardiac disease. The senior Chautala had moved the high court challenging his conviction and 10-year jail term awarded in the junior teachers recruitment scam.
On January 22, the trial court had sentenced Chautala and nine others, including his son Ajay, to 10 years jail term for illegally recruiting 3,206 JBT teachers in 2000. Among other convicts, 44 have been sentenced to four years in jail and one was sentenced to five-year jail term in the case. All of them were held guilty of cheating, forgery, using fake documents as genuine, conspiracy under the IPC and for abusing their official position under the Prevention of Corruption Act.