Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Delhi HC Constitutes Medical Board to Evaluate Health of Businessman Amit Katyal in Land for Job Scam

Delhi HC Constitutes Medical Board to Evaluate Health of Businessman Amit Katyal in Land for Job Scam



The Delhi High Court has taken a significant step in the case of Amit Katyal, a businessman implicated in the land for job scam, by constituting a medical board to assess his health. Katyal, considered a close aide of former Railway Minister Lalu Prasad Yadav, had recently sought interim bail on medical grounds in connection with a money laundering case related to the scam.


High Court's Decision


On June 7, the bench of Justice Vikas Mahajan directed the Director of the All India Institute of Medical Sciences (AIIMS) to form a Medical Board. This board, comprising doctors from at least three different specialties relevant to Katyal's health conditions, will evaluate his medical status. The court ordered the Jail Superintendent to provide all necessary medical records to the board by June 11.


Justice Mahajan highlighted the necessity of expert medical opinion before making any decision on interim bail based on health grounds. The court emphasized that it could not independently assess Katyal's medical condition from the records alone, especially given the complexity of his health issues, which include heart disease and recent bariatric surgery.


Legal Representation and Arguments


Senior Advocates Kapil Sibal and Vikas Pahwa, representing Katyal, argued that his health condition was severe. They pointed out that Katyal had undergone bariatric surgery in April 2024 and required a specialized diet and care. They further stated that Katyal had been continuously vomiting, leading to low energy levels, which hindered his ability to perform daily activities. These claims were supported by a Medical Status Report.


On the other hand, the Special Counsel for the Enforcement Directorate (ED) opposed the plea. They argued that Katyal’s conduct disqualified him from relief, citing previous independent medical evaluations from Ram Manohar Lohia Hospital and Deen Dayal Hospital. These evaluations, ordered by the trial court during Katyal's earlier request for interim bail extension, indicated that he was exaggerating his medical condition.


Previous Court Orders and Medical Provisions


The trial court had previously allowed Katyal certain reliefs, including prescribed medications, a specific diet, and consultations with his doctors via video conferencing at Medanta Medicity. However, it also noted that Katyal had been permitted normal activities and had recovered from his surgery.


The High Court observed that Katyal did not challenge the April 30, 2024, order denying his interim bail extension, which had since become final. The court's current decision to form a medical board underscores its balanced approach, considering both the humanitarian aspect of Katyal’s medical condition and the need for due legal process.


Background of the Case


Katyal was arrested by the ED on November 11, 2023. The agency alleges that he acquired land from several job aspirants on behalf of Lalu Prasad Yadav during his tenure as the railway minister in the UPA I government. This acquisition was part of a broader scheme where jobs were allegedly exchanged for land.


Relevant Laws and Legal Provisions


The case involves several legal aspects, primarily focusing on money laundering under the Prevention of Money Laundering Act (PMLA), 2002. The PMLA is designed to prevent money laundering and to provide for the confiscation of property derived from money laundering. It empowers the Enforcement Directorate to conduct investigations and take necessary actions against individuals and entities involved in money laundering activities.


The bail provisions under the Criminal Procedure Code (CrPC) also come into play, particularly Section 437 and Section 439, which deal with the powers of magistrates and sessions courts to grant bail. In this context, interim bail on medical grounds is considered under exceptional circumstances where the health of the accused is at serious risk.


Conclusion


The Delhi High Court’s decision to form a medical board for Amit Katyal reflects a meticulous approach in addressing his health concerns while ensuring adherence to legal principles. The outcome of the medical evaluation will be crucial in determining whether Katyal can secure interim bail on medical grounds, balancing humanitarian considerations with the demands of justice.

Location: Pune, Maharashtra, India

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