The Delhi High Court has issued a significant directive to the Enforcement Directorate (ED), instructing the agency to verify the medical grounds on which interim bail was granted to former Jaypee Infratech Chairman and Managing Director Manoj Gaur. This development comes in a high-profile money laundering case involving alleged diversion of over Rs 13,000 crore of homebuyers' funds.
Court's Specific Directions and Timeline
In an order made public recently, Justice Anup Jairam Bhambhani specifically directed the ED to verify the current medical condition of Gaur's mother and submit a detailed status report before February 6. This date marks the next hearing in this contentious legal matter. The court's intervention follows the ED's challenge to a trial court order that had granted Gaur interim bail on January 24, primarily citing his mother's critical health condition.
The Medical Grounds Under Scrutiny
The trial court had granted bail based on the assertion that Gaur's mother was on her deathbed, relying substantially on photographic evidence showing her receiving nutrition through a nasal tube. However, the ED has raised serious objections to this basis, arguing that the trial court relied exclusively on past medical records from three months prior, without allowing the prosecution to verify the present medical situation.
According to the ED's submission, the trial court committed a significant error by assuming the role of a medical expert and forming independent opinions about the mother's condition without proper verification. The agency emphasized that no opportunity was provided to cross-verify the current health status before the bail decision was made.
Background of the Money Laundering Case
Manoj Gaur was arrested by the Enforcement Directorate on November 13 last year in connection with a massive money laundering investigation. The case centers around allegations that approximately Rs 13,833 crore was siphoned off from a total collection of Rs 32,825 crore gathered from around 25,000 homebuyers. These individuals were promised residential flats in Noida and Greater Noida projects that ultimately remained undelivered.
The ED has asserted that Gaur played a central role in planning and executing the fund diversion through what it describes as a complex web of transactions within the Jaypee Group and its associated entities. To date, the agency has attached assets worth Rs 147 crore in connection with this ongoing investigation.
Legal Proceedings and Court Observations
The Delhi High Court has also issued formal notice to Manoj Gaur following the ED's challenge to the trial court's bail order. During proceedings, Additional Sessions Judge Dhirendra Rana of Patiala House Court had noted in his January 24 order that the court can understand her medical condition as depicted in the photograph and apparently, she is in bad shape.
However, the ED's legal team, represented by standing counsel Rahul Tyagi with assistance from advocates Jatin and Aniket Kumar Singh, presented compelling arguments before the High Court. They contended that certain conditions in the trial court's order could be misinterpreted, particularly one stating that in case of any future criminal involvement, the interim bail shall not be extended.
Clarification on Bail Conditions
The ED raised concerns that this specific condition might be interpreted to imply that bail would likely be extended if no future criminal involvement occurred. Responding to this argument, Justice Bhambhani provided crucial clarification on January 30, directing that this condition should not be read to imply that Gaur would be entitled to automatic extension of interim bail merely for asking if he maintains a clean record.
During the hearing, the ED's counsel made broader observations about perceptions of justice, stating: A perception has been growing in India that prompt justice is preserved only for the rich. And orders like these give credence to such perceptions. The counsel further referenced the visible evidence of the alleged financial misconduct, suggesting that one need only visit Jaypee's Wishtown in Noida to see unfinished projects standing as monuments to the homebuyer's misery.
Next Steps in the Legal Process
The case now moves toward its next hearing scheduled for February 6, when the Delhi High Court will review the ED's verification report regarding the medical condition of Gaur's mother. This verification process represents a critical juncture in determining whether the grounds for interim bail remain valid or require reconsideration.
This legal development underscores the ongoing tension between humanitarian considerations in bail matters and the rigorous demands of financial crime investigations, particularly in cases involving substantial public funds and affecting thousands of homebuyers across the National Capital Region.
