The Supreme Court today allowed Rajeev Saxena, an approver in a money laundering case related to the Rs 3,600-crore AgustaWestland chopper scam, to appear before a medical board of AIIMS to get examined for blood cancer and other ailments.
A bench of justices Ashok Bhushan and Navin Sinha sought the report of the medical board, to be constituted by the director of All India Institute of Medical Sciences (AIIMS), within a week after examining Saxena.
"Counsel for the respondent (Rajeev Saxena) undertakes that the respondent will appear before the Board of Doctors to be constituted by the Director, All India Institute of Medical Sciences (AIIMS) on August 2, 2019. Let the report be sent to this Court within a week thereafter," the bench said.
It listed the matter for further hearing on August 26, 2019.
On June 26, the top court had stayed a Delhi High Court order permitting Saxena to go abroad for treatment of blood cancer and other ailments.
It had sought response from Saxena on an appeal filed by the Enforcement Directorate (ED) challenging the June 10 Delhi High Court order permitting him to visit the United Arab Emirates, the United Kingdom and Europe from June 25 to July 24.
Saxena, a director of Dubai-based firms UHY Saxena and Matrix Holdings, was one of the accused named in the charge sheet filed by the ED in the AgustaWestland scam. Later, he turned approver in the case.
The top court, which had stayed the high court order for three weeks, asked the director of AIIMS to examine Saxena''s mental and physical health and file a report within three weeks and also indicate the course of treatment for his aliments.
The ED had earlier told the court that certain new facts with regard to other offences have come to light and the CBI would formally register an FIR against Saxena shortly.
It had said that a serious case of violation of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act as well as Prohibition of Benami Property Transactions Act together with violation of the Income Tax Act has been made out which also involves serious criminal offences, inter alia, under the IPC.
The ED, in its affidavit had said, "The chronology of facts as it has emerged makes it very clear that the respondent (Saxena), who is accused of a serious offence of money laundering and is given pardon on condition of his disclosure of names and details of several other co-accused and has secured his pardon, is now attempting to leave the country."
The agency had earlier objected to Saxena's plea saying he has no roots in India and he may not return if permitted to go.
It had said the treatment for Saxena's ailments was available in India and the approver was not only disclosing his role in the crime, but also the culpability of others in the corruption case.
The high court had given relief to Saxena, noting that he had already been granted bail on medical grounds before being pardoned and made an approver.
The high court also said the ED, too, had not objected to the grant of relief to him.
It observed that two other accused in the case, Gautam Khaitan and Ritu Khaitan, were allowed to travel abroad.
The trial court had also allowed Saxena to visit abroad for a month from June 6 to July 5.