New Delhi: The Rouse Avenue Court declined a plea moved by Delhi Chief Minister Arvind Kejriwal seeking direction to jail authorities to administer insulin and allow him to consult through video conferencing daily for 15 minutes with respect to his acute diabetes and fluctuating blood sugar level.
The Special Judge Kaveri Baweja while passing the order stated that directions are hereby passed qua the prayer of the applicant for the administration of Insulin and also with a view to ensure that the applicant is provided all the requisite medical treatment.
Though it shall continue to be the primary duty of Tihar Jail authorities, who are stated to be fully equipped to take care of the health of the applicant, to ensure that all requisite medical treatment is provided to him in jail, however, in the event of any requirement for specialized consultation, the jail Authorities shall consult the Medical Board to be constituted by Director, All India Institute of Medical Sciences (AIIMS), comprising of a senior endocrinologist, diabetologist, as per the request made on April 20, already sent by DG Prisons, said the Court.
The said Medical Board is further requested to prescribe a diet and exercise plan, if required, for the applicant considering his medical requirements and relevant data regarding his vital statistics.
The Medical Board may, as and when required, also physically examine the applicant in jail, said the court.
The applicant shall, however, continue to be provided with home-cooked food, subject to the condition that it shall strictly be in compliance with the diet as prescribed by the above-mentioned Medical Board. Till the time such Board prescribes a diet plan for the applicant, his family may provide home-cooked food to him, though it shall be strictly as per the diet chart of his private doctor and as permitted vide order dated April 1, added the court.
The jail authorities shall ensure that there is no further deviation from the medically prescribed diet, as aforesaid, and in case of any noncompliance, the jail authorities shall immediately bring it to the notice of the Medical Board of AIIMS.
AIIMS is also requested to submit its report to this court at the earliest specifying as to whether there is any requirement of administering Insulin to the applicant at this juncture.
Further, in case there is a need for any medical intervention for the applicant by any specialist in future, the decision in this regard shall be taken by the jail authorities in consultation with the Medical Board. Jail authorities shall also send a medical report of the applicant, to this court regularly on a fortnightly basis, till further orders, also said Special Judge Kaveri Baweja in order.
Kejriwal through a plea stated that during the consultation with Dr Ravichandra Rao, through video conferencing allowed the wife Sunita Kejriwal to join and remain present.
The plea further stated that from 1st February 2024 under careful medical supervision, the applicant/Arvind Kejriwal was able to start the ‘Insulin Reversal Programme’ and the administration of insulin was discontinued. The strict medical supervision of a diabetes expert helped in effectively regulating glucose levels. T
The medicines, food and exercises would be titrated [continuously measure and adjust] daily using a continuous glucose monitoring sensor wherein sugars were monitored closely.
Due to such daily medical dietary intervention and tailor-made daily exercise intervention, the applicant was successfully removed from exogenous insulin and switched to oral medication while maintaining optimal glucose levels during the program stated the plea.
Due to arrest, from March 21, the applicant was incapacitated and was unable to follow the said Insulin Reversal Programme, stated the plea.
It is shocking and also alarming that from the date of his arrest, the applicant has not been administered insulin to control his sugar levels and has neither been able to follow the Insulin Reversal Programme nor being administered insulin to control his blood sugar levels, stated the plea.
While being in judicial custody, the applicant was seen by a doctor who is not even a diabetologist and therefore, despite repeated requests by the applicant a basic administration of insulin was also not provided, the plea alleged.
Kejriwal’s plea stated that representatives from Tihar Jail, via the Enforcement Directorate’s counsel, presented a chart detailing the food provided for the applicant. However, this account failed to reflect the numerous occasions when the applicant did not consume the food offered. Notably, there was no documentation or evidence submitted to accurately indicate what the applicant actually consumed.
It is shocking that ED apprehends that a person would deliberately cause such an alarming hike in sugar level and risk his life – to get medical bail. This only demonstrates a serious lack of probity, fairness and the vendetta and arbitrariness with which ED is conducting itself unabashedly against the applicant.This also reveals a blatantly vindictive stance, thereby compromising the integrity of the enforcement agency and manifestly displaying a prejudicial disposition against the applicant, stated Kejriwal’s plea.
On Thursday, ED alleged that Kejriwal is consciously consuming items like Tea with sugar, Banana, Sweets (1/2 pieces), Poori, Aaloo Sabji, etc. on a regular basis, despite being a patient of diabetes mellitus type II and knowing very well that consumption of such items results into increase in blood sugar. This is being done to create a medical emergency, to obtain sympathetic treatment from the Court of Law on medical grounds.
The diet chart may be compared with home-cooked food (lunch and dinner) and the breakfast provided by the Jail Authorities since 02.04.2024, to show to the Court whether the same has been followed or not. If not, conduct of Kejriwal needs to be informed to the Court, said ED counsel Medical Doctors are posted in jail round-the-clock, who are measuring blood sugar levels of Kejriwal twice a day, stated ED counsel after going through Tihar’s report.
