COVID-19: Shivinder Singh seeks interim bail for being an expert in the healthcare sector; Delhi HC dismisses plea

The Delhi High Court yesterday dismissed Fortis Healthcare founder, Shivinder Singh's plea seeking interim bail on the ground that his expertise in the healthcare sector would be valuable during the COVID-19 pandemic. (Dr Shivinder Mohan Singh vs NCT of Delhi & Ors).Shivinder Singh is in judicial custody in Tihar Jail in connection with cases arising out of a complaint lodged by Religare Finvest for misappropriation of funds. .Singh Brothers ripped us off financially, Religare Enterprises to Delhi High Court.The order was passed by a Single Judge Bench of Justice Mukta Gupta after the hearing was conducted through video-conferencing. .Apart from citing the requirement of social distancing during Covid-19 pandemic, Shivinder argued that by virtue of being an MBA in Healthcare Administration and developing the second largest corporate group of hospitals in India, he had acquired expertise in Healthcare sector..The Court was informed that on March 26, 2020, Shivinder prepared guidelines and Standard Operating Procedures (SOP) for managing health sector resources to deal with the pandemic and shared the same with the Prime Minister of India's Office..Shivinder submitted that if released on interim bail, he would be able to initiate utilization of available infrastructures with the Government and the Public Sector Undertakings (PSUs) after interacting with officers of the various Ministries and hospitals including private hospitals..In response, Delhi Police argued that in terms of the guidelines of the High Powered Committee, Shivinder was not entitled to interim bail as he did not fulfil the criteria. .Coronavirus: Criteria for release of undertrial prisoners on interim bail relaxed to decongest Delhi Jails.It was stated that Shivinder was facing trial for offences punishable under Section 409 IPC which were punishable upto life imprisonment or ten years imprisonment. Additionally, he was facing trial in more than one case and one of these cases pertained to offences relating to the Prevention of Corruption Act and the Prevention of Money Laundering Act, Delhi Police said. .The Court was further informed that Shivinder was lodged in a cell where he is alone and hence, as far as social distancing was concerned, the same was being taken care of..The Enforcement Directorate added that when Shivinder had first moved the Supreme Court for interim bail on April 3, 2020, an order was passed directing the concerned authorties to take note of the suggestions that were given by him in connection with the pandemic. .Religare Finvest also argued that the allegations against Shivinder were serious in nature and by the prayer for interim bail, he was trying to indirectly seek the relief of bail..After considering the submisisons made by the parties, the Court noted, ...petitioner in his Cell is in isolation and thus, is maintaining social distancing. Even if the petitioner has to use common facilities like rest room and taking food, the distancing can still be maintained besides maintaining hygiene by use of adequate measure including washing hands etc. to which the petitioner does not state that there is any inadequacy.Delhi High Court.The Court further took note of the fact that the Supreme Court had already directed that the suggestions given by Shivinder be considered by the concerned authorities and said,.The suggestions having been transmitted to the concerned authorities and if they find feasible and need the co-operation of the petitioner, they would be at liberty to take the same through various means including Video Conferencing as is done in all the cases.Delhi High Court.Lastly, the Court concluded that Shivinder did not qualify to be released on interim bail pursuant to directions of the High Powered Committee as he was allegedly involved in offence punishable with more than 7 years of sentence and in more than one case and that too under PMLA. .In view of the above, the plea for interim bail was rejected. .Senior Advicate N Hariharan and Advocate Vivek Jain represented Shivinder Singh. .Delhi Police was represented by Sating Counsel Rahul Mehra with Advocate Chaitanya Gosain..ED was represented by Standing Counsel Amit Mahajan..Religare was represented by Senior Advocate Mohit Mathur with Advocate Sandeep Das..Read the Order: