A special PMLA court in Mumbai on Tuesday permitted Jet Airways founder Naresh Goyal to travel to London for four weeks to seek specialized medical treatment for life-threatening ailments, despite the Enforcement Directorate's (ED) fears that he may tamper with properties or evidence abroad.
Court's Rationale
The special judge noted that there is nothing on record to show that Goyal has misused the bail granted to him or committed a breach of conditions. The judge stated, "The right to travel abroad to seek an expert opinion and reassessment of a medical condition for a person suffering from various ailments is a basic human right and is an aspect of fundamental right guaranteed under the Constitution of India."
The court further observed that the ED's apprehension can be addressed by imposing conditions.
Conditions for Travel
To facilitate his travel, the court ordered the release of Goyal's passport for renewal and visa processing, subject to a security deposit of Rs 2 lakh and submission of a detailed itinerary, including contact information, to the investigating officer. Goyal must refrain from tampering with any evidence related to his PMLA case abroad and must return to India immediately upon request by the ED or if the trial reaches the stage of framing charges. He must also surrender his passport to authorities and report his arrival to the court and the investigating officer upon return.
Medical Grounds
The order allows Goyal to travel to the United Kingdom for medical consultation, check-up, and treatment evaluation, specifically to consult with international experts regarding a malignant neuroendocrine tumour. The judge noted, "The contentions of the applicant have been supported by the medical papers and medical opinion. The applicant intends to travel to London for an expert consultation for reassessment of diagnosis and formulation of an optimal treatment strategy, including consideration of advanced therapies to prevent deterioration of his medical condition and to explore appropriate treatment options."
Goyal, arrested in September 2023, was granted bail in 2024 as he is suffering from cancer. His lawyer submitted that he has availed treatment in India but there has been no improvement in his medical condition.
Prosecution's Objections
The prosecution strongly opposed the plea, arguing that Goyal is the "prime orchestrator, ultimate controlling party, and primary beneficiary of a colossal financial fraud involving the systematic siphoning, diversion and laundering of public funds obtained as loans by Jet Airways (India) Limited (JIL) from Canara Bank." It was submitted that total admitted claims of the consortium of banks were approximately Rs 5,716.34 crore.
The prosecution further submitted, "The applicant, having systematically looted public money to finance an ultra-luxurious lifestyle and acquire high-value foreign assets, cannot now claim the privilege of international travel under the guise of a medical consultation. The proceeds of crime were systematically utilised to acquire ultra-luxury properties abroad, including London and Dubai (UAE)."
