Court Emphasizes Right to Life Under Article 21, Grants Bail for Prolonged Custody and Severe Health Conditions
In a significant ruling, the Punjab and Haryana High Court has granted interim bail to Davinder Singh Nirwal, a 76-year-old petitioner, citing severe health conditions and prolonged custody under the Prevention of Money Laundering Act, 2002 (PMLA). The bench, comprising Justices Anoop Chitkara and Harmeet Singh Deol, emphasized the importance of upholding the right to life as enshrined in Article 21 of the Constitution, especially for aged and infirm prisoners.
The petitioner, who has been in custody for over five years, sought interim bail on medical grounds due to severe health issues, including spinal ailments requiring specialized medical care. Despite opposition from the Directorate of Enforcement (ED), which cited the petitioner as a flight risk and highlighted his alleged involvement in serious offenses, the court prioritized the petitioner's health and prolonged incarceration.
The court noted that the incarceration of sick and aged prisoners loses its purpose, and the rigors of Section 45 of the PMLA cannot override fundamental rights. It highlighted that denying bail under such circumstances would be inhumane and contrary to the court's conscience. The bench also referenced previous Supreme Court judgments that have granted bail on medical grounds, reinforcing the notion that the right to life and personal liberty is paramount, even in the face of stringent statutory provisions.
Davinder Singh Nirwal's case involved allegations of smuggling narcotics and money laundering. However, the court clarified that its decision was solely based on the petitioner's medical condition and prolonged custody, without commenting on the merits of the case. The interim bail is granted from September 11, 2026, to December 21, 2026, with the possibility of extension if the petitioner's health does not improve.
The court imposed stringent conditions for the interim bail, including a bail bond of Rs. 1,00,000 with a surety of the like amount. The petitioner is also required to comply with any conditions set forth by the court to ensure adherence to the law.
This judgment underscores the judiciary's sympathetic approach towards aged prisoners with severe health issues, reaffirming the constitutional mandate to protect life and liberty.
Bottom Line:
Interim bail can be granted to a petitioner aged 75 or above with severe health conditions requiring specialized medical care, even under the stringent provisions of the Prevention of Money Laundering Act, 2002 (PMLA), and prolonged custody of over five years. Courts must document reasons for rejecting bail under such circumstances to ensure justice and uphold Article 21 of the Constitution.
Statutory provision(s): Prevention of Money Laundering Act, 2002 Section 45, Article 21 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483.
