The Bombay High Court on Tuesday issued notice to the Enforcement Directorate (ED) on a petition filed by Jet Airways founder Naresh Goyal seeking bail in a loan default case.
The single-judge Bench of Justice NJ Jamadar sought the response of the federal agency and posted the matter for further hearing on May 3.
On April 10, 2024, a special court refused to grant permanent bail on medical grounds to Goyal, who is currently undergoing cancer treatment at HN Reliance Foundation Hospital and Research Centre.
Appearing for the accused, Senior Advocate Harish Salve today apprised the High Court that Goyal’s wife was also suffering from cancer and was critical.
He sought bail for the accused on humanitarian grounds under Article 21 of the Constitution, stating that it would enable him to be with his wife.
Goyal had initially approached the sessions court for bail. The special judge then permitted him to consult private doctors for a medical checkup.
Based on these medical reports, Goyal sought interim medical bail since the check-up revealed malignant tumors.
The special judge allowed hospitalisation of the accused for two months to avail the cancer treatment.
Though the petition seeking permanent bail on medical grounds was dismissed, Goyal was allowed to remain in hospital for treatment.
This led to the present application before the High Court filed by law firm Naik Naik & Co.
The petition contended that limiting his bail to stay in the hospital would mean that he would not be able to meet his wife who was critically ill.
The petition contended that Goyal was the primary caregiver to his wife and she should be accompanied by her husband for further treatment and decision-making of the treatment.
It said while the husband and wife were battling life-threatening conditions, they must be permitted to provide each other succor as primary caregivers. The right to life under Article 21 of the Constitution cannot be curtailed or suspended merely on the grounds that a person was accused of an economic offence.
Goyal also highlighted exploring alternative treatment for himself.
The petition further submitted that Goyal cannot explore an alternative treatment method for himself sitting in the hospital. During and after chemotherapy, he required clean and sterile environment. The plea further said that Goyal cannot be sent back to jail.
Salve, along with a team from Naik Naik & Co, including Managing Partner Ameet Naik and Partner Abhishek Kale, appeared for Goyal.