The ED had alleged that Kejriwal was deliberately eating mangoes and sweets to spike his sugar levels and create a ground for bail.
A Delhi Court on Friday said that the home cooked food sent to jailed Delhi Chief Minister Arvind Kejriwal from his house was not in compliance with the diet prescribed by jail authorities.
Special Judge (PC Act) Kaveri Baweja expressed displeasure that Kejriwal’s home cooked meals were not in compliance with the diet prescribed by jail authorities in consultation with medical experts.
“Give me a comparative chart of your diet chart and the details given by the jail. It seems there definitely are deviations. The deviations are there certainly,” the judge said.
Minor deviations like Mango and Aloo Puri, how can that be cited against my application for insulin, Senior Advocate Abhishek Manu Singhvi (appearing for Kejriwal) asked.
The Court was considering the objections by Enforcement Directorate that Kejriwal was consuming mangoes and sweets in his home cooked meals to spike his blood sugar levels.
The Court was also hearing a fresh application to allow him to consult a doctor daily for 15 minutes with respect to his diabetes and fluctuating blood sugar level.
He had further prayed that during such consultations with doctor, his wife Sunita Kejriwal should be allowed to remain present.
The Court eventually reserved its order in the matter which will be pronounced on April 22, Monday.
Judge Baweja of Rouse Avenue Court had earlier allowed home cooked food sent to Kejriwal who is lodged in Tihar jail in the money laundering case connected to Delhi excise policy case.
However, the Enforcement Directorate (ED) had on April 18 objected to Kejriwal having mangoes and sweets sent from home. The ED had claimed that this was being done deliberately to spike the blood sugar levels so that Kejriwal could secure bail on that ground.
After the ED’s submission, the Court had sought a report from the Tihar jail authorities.
The jail authorities submitted a report on Friday indicating that the home cooked meals were not in compliance with the prescribed diet.
“There was no stipulation in his diet that he should have fruit or anything. In fact, he is not following the diet. We have also got an opinion from AIIMS. According to this, he should avoid mangoes. He should follow this diet. There is no need for insulin. In fact, if he takes insulin, sugar level will go down drastically,” the counsel for Tihar jail, Yoginder Handoo, said.
The Court then asked Kejriwal whether he was complying with the prescribed diet.
“You had filed a diet chart when your request for home cooked food was allowed on April 1. Have you followed this diet chart,” the Court asked.
“The answer is yes,” Singhvi replied.
“We have jail report as to what he is consuming. Is there any variation,” the judge further queried.
“It said glucose toffee and banana. He was given three meals of mangoes and one of aloo puri for Navratri,” Senior Advocate Abhishek Manu Singhvi said on behalf of Kejriwal.
The Court was, however, not impressed and said the home cooked meals sent to Kejriwal were not in compliance with the prescribed diet.
Enforcement Directorate (ED) counsel Zoheb Hossain said that the agency would like to file a response to Kejriwal’s application.
Senior Advocate Ramesh Gupta, appearing for Kejriwal, objected to the same.
“What has ED got to do with it? It is between us and the jail authorities and Court,” Gupta contended.
Senior Advocate Abhishek Manu Singhvi then explained the diabetic condition of Kejriwal.
“It is a well known fact that he suffers from diabetes. For 22 years he has got insulin everyday. He was being given insulin everyday. From February, well before my arrest, an insulin reversal programme started. It has to be monitored very very minutely. It is common ground that I am unable to follow the programme in jail. I have said repeatedly that only my doctor can monitor it minutely,” Singhvi said.
My only prayer is that I be allowed to consult my doctor, Singhvi contended.
Kejriwal also refuted the allegation by ED that he was deliberately eating mangoes and sweets and taking tea with sugar so as to raise his blood sugar level and use that as a ground to secure bail on medical grounds.
Singhvi said that Mangoes were included in only 3 out of the 48 meals which were sent to jail from his home.
“The allegations is that I have been consuming mangoes… Out of 48 meals sent from home, only three times mangoes were there,” the Senior Advocate submitted.
He also said that sugar level contained in Mangoes is very less.
“No mangoes have been sent after April 8. The mangoes have been made to look like sugar bullets. Their sugar level is much less than brown rice or white rice,” Singhvi told the Court.
The ED, it was argued, wants to do a media trial.
“Their submission was only for media news,” Singhvi alleged.
He further berated ED claiming that the agency was behaving in a petty and malicious manner.
“I only use sugar free in my tea. How petty, political and ridiculous ED can be? Their statements are completely false and malicious. Just because you have a lot of influence in the media you are able to publish that I am having aloo puri even though this meal was sent once during pooja,” Singhvi argued.
Such pettiness was never seen before for 75 years of democracy, he further said.
“We have had democracy for 75 years but I am seeing such an approach for the first time. Never seen such kind of pettiness,” he said.
Singhvi further demanded whether prisoners have no right to good health.
“Am I a gangster that I cannot even be allowed to have 15 minutes VC consultation with my doctor? Just because I am a prisoner I have no right to a dignified life and good health,” he asked.
The ED counsel Hossain once again sought permission to make submissions but Gupta objected.
“They are not a party. They are having press conference before coming here. Jail lawyer is here. Why should ED be heard? They are saying aam aadmi aam kha raha hai. Kya khaenge? Mushroom? Aaj Hindustan Times m aadha page bhara hua hai,” Gupta contended.
However, Hossain pointed out that ED has been made a party to the application.
“Registry ne bola inko party banao. Hamne nahi banaya (Registry told us to make ED a party. We did not do it on our own),” Gupta said.