The Supreme Court Thursday allowed surgery of Anil Kumar Sharma, ex-CMD of Amrapali Group of Companies currently lodged in jail, to be conducted at AIIMS for the repair of a “bilateral inguinal hernia” within a week.
A vacation bench of Justices MR Shah and Aniruddha Bose also allowed Mr Sharma’s wife to be present as his attendant on the day of surgery and one day thereafter.
The bench, however, refused to grant him bail for four weeks as sought by his counsel, saying that allegations against him are grave.
“You don’t have a case on merit. There are serious allegations against the petitioner. It is only because of health grounds that the court is granting him indulgence,” the bench told Mr Sharma’s counsel Manoj Singh.
Additional Solicitor General KM Nataraj, appearing for Delhi police, informed the bench that as per medical advice, the surgery of the petitioner could be performed after taking all pre-surgery precautions.
The bench said, “We are not going to take any chance. Doctors have advised him surgery; it shall be performed within one week after taking all the pre-surgery precautions”. The bench posted the matter for further hearing after the summer vacation.
On June 6, the top court had directed the production of Mr Sharma before the medical board of AIIMS for examination on his surgery for repair of a “bilateral inguinal hernia”.
The AIIMS medical board which was set up in pursuance of the direction of the top court on March 21 had examined Mr Sharma, who is lodged in Mandoli Prison here. The board had recommended surgery.
The top court had said that as per the medical advice he needs to be operated and for that, he needs to be produced before the doctors for examination and fixing of a date for the surgery.
On March 21, the top court had refused to order the transfer and clubbing of over 80 criminal cases lodged by home buyers against directors and other officials of Amrapali group firms, saying it would not “queer the pitch” and make life difficult for a trial judge.
The top court had not agreed to the fervent submission of the counsel of Shiv Priya, one of the jailed officials of the real estate group, that like coal scam cases, the trials in 85 criminal matters, which are of similar nature, can be transferred to one court from seven different courts in the national capital.
The court had said that the coal scam cases involved government servants as individual accused as well and moreover, the Prevention of Corruption Act provides for transfer and clubbing and this was not available in other statutes under which the former directors of the private firms are charged.
“Every complainant will have different versions and it will create problems for the court. How does it help the cause of justice? The trial judge concerned will not be able to deliver the judgement. We cannot do that. There has to be a power where we can vest everything in one jurisdiction,” the top court had said.
On the same day, the top court had also dealt with the separate plea of Mr Sharma, seeking relief on medical grounds, and directed the Director, AIIMS, to set up a board of doctors to examine him and give a report to it.
It had asked the AIIMS authorities to apprise the Mandoli prison authority to ensure the presence of Mr Sharma before the medical board for examination on the date fixed.
The court has been monitoring the cases related to the embattled real estate company after many homebuyers approached alleging malpractices and non-delivery of homes or flats.
Former group directors of Amrapali Anil Kumar Sharma, Shiv Priya, and Ajay Kumar are behind bars on the top court’s order.
Chander Prakash Wadhwa, jailed former chief financial officer (CFO) of Amrapali group, and Anil Mittal, the statutory auditor of the Amrapali group of companies, were also arrested in connection with the case.
The arrested persons have allegedly been instrumental in creating a large number of bogus companies for diversion of funds of home buyers by employing persons known to them as directors or appointing them to key management posts in those companies.
The court in its July 23, 2019 verdict had cracked the whip on errant builders for breaching the trust reposed by home buyers and ordered the cancellation of the registration of the Amrapali Group under real estate law RERA and ousted it from prime properties in the NCR by nixing the land leases.
The court had directed a probe by the Enforcement Directorate into alleged money laundering by realtors, providing relief to over 42,000 home buyers of Amrapali Group with the verdict.
Besides ED, the Economic Offence Wing (EoW) of Delhi Police and SFIO has also been investigating various cases lodged against the former officials of the real estate group.
The top court, which is trying to bring in funds for the stalled projects, had then directed the state-run NBCC to complete the stalled projects of the Amrapali Group.