Cash-for votes scam: Delhi HC reserves order on bail of Amar Singh

The Delhi High Court today reserved its order on the bail plea of jailed Rajya Sabha MP Amar Singh arrested in 2008 cash-for-vote scam after the Centre told it that medical reports suggest that "all is not well" with him.

"We have seen the medical reports given by AIIMS. As they have come from a reputed institute, we cannot dispute them and the parameters show that all is not well," Additional Solicitor General Mohan Parasaran told Justice Suresh Kait during the hearing on the bail application of the former Samajwadi Party leader.

The court, after hearing detailed arguments on behalf of Singh and the Delhi police, said "the order is reserved for Monday (October 24)."

Initiating arguments on the bail plea, senior advocate D C Mathur, appearing for Singh, said "the provisions for bail provides that a sick and infirm person can be granted bail on this ground alone and if his (Singh) case is not covered under it, then what will be termed as sickness."

"A medical board, consisting of doctors of LNJP and G B Pant hospitals, referred him to AIIMS on September 12 when he was in judicial custody and till date he is hospitalised there for treatment of his multiple ailments.

"It is an admitted case that Singh is living on a donated kidney, transplanted in Singapore, and the surgeon, who did the surgery, is supposed to take care of the patient after the transplant. Unfortunately, the lower court did not consider it and termed his condition as stable."

Quoting from medical reports, the defence counsel said if any person can infer the word "stable" from the report, then he will not argue for bail on medical grounds.

ASG Parasaran, who said circumstantial evidences suggest Singh's role in the offence, contended reports amply suggested about his illness.

Another defence lawyer Hariharan also cited medical reports of Singh who is undergoing treatment at AIIMS in judicial custody following his arrest on September six.     The lower court had granted interim bail to Singh on September 15 on medical grounds, which continued till September 28 when the judge ordered his re-arrest after dismissing his regular bail plea on the ground that he was "stable".

"Singh is suffering from multiple ailments such as kidney transplantation dysfunction, diarrhoea, urinary tract infection and high serum creatinine level and it is settled that the surgeon should take care of such patients," Hariharan said.

One of the reports, prepared by Sanjay Gupta, Professor of AIIMS' Department of Nephrology, said Singh needed to be "monitored for renal functions and managed accordingly. Following his discharge, he needs to be in clean, hygienic environment. He should avoid crowded places to prevent getting infected."

"The interim bail was granted on medical grounds and regular bail was denied on the ground that he was stable, which is not so," the defence lawyer said.

Singh has been booked under the Prevention of Corruption Act and the IPC and they provide for five years jail as the maximum punishment, he said.

Referring to the supplementary charge sheet, he said the police have failed to established the money trail in the case and even the report of Ministry of Finance also suggest that banks could not trace it.

"Not a single person (witness) said Amar Singh had sent the money to the BJP MPs and this can be inferred from the second charge sheet. Where is the sting related to money transfer? And none of the (sting) tapes contains his voice," he said.

Replying to the arguments, the ASG lauded the efforts of the police in probing the case and said the "overall circumstantial evidence pointed out towards a strong case against Singh.

Asked by the judge whether police disputed the medical reports of AIIMS, the ASG said "we cannot dispute the reports which have come from a reputed institution and they are not satisfactory (in relation to Singh's health)."

The law officer, however, said certain conditions may be imposed on him as pre-condition of bail.

Besides Singh, Sudheendra Kulkarni, former aide of BJP leader LK Advani, former BJP MPs Faggan Singh Kulaste, Mahabir Singh Bhagora, Suhail Hindustani and Sanjeev Saxena are in jail in connection with the case.