'Personal Preference Not Medical Necessity': Chhattisgarh High Court Refuses PMLA Accused's UAE Travel Plea

The Chhattisgarh High Court has recently observed that "personal preference cannot be equated with absolute medical necessity" while refusing to allow a businessman accused in a money laundering case to travel to Abu Dhabi for treatment.

It held that an accused cannot insist on treatment in a foreign country when equivalent medical care is readily available in India.

Justice Narendra Kumar Vyas upheld a special court's order rejecting Sunil Kumar Agrawal's request to travel to the UAE for KKT therapy for a hamstring injury.

The court found that Agrawal had failed to produce medical evidence showing the treatment was unavailable in India or that travelling abroad was medically necessary.

"The choice of an accused to be treated in a specific foreign country cannot override the mandate of law when equivalent medical treatment is readily accessible domestically. Personal preference cannot be equated with absolute medical necessity.", the court observed.

Agrawal, who is facing prosecution under the Prevention of Money Laundering Act, claimed he had suffered a hamstring injury while playing badminton and sought permission to undergo KKT therapy in Abu Dhabi.

He argued that the specialised treatment was unavailable in India and could help him avoid surgery.

The Enforcement Directorate opposed the plea, contending Agrawal had not substantiated his claim that the treatment was unavailable in India.

The high court agreed with the special court's findings. It observed that the medical records did not show KKT therapy was the only treatment available for Agrawal's condition or that similar treatment could not be obtained in India.

The court also took note of the serious money laundering allegations against him. It observed that allowing him to travel abroad could create a risk of him evading prosecution and disrupt the ongoing criminal trial.

Holding that Agrawal had failed to establish an exceptional medical emergency that justified travelling abroad, the high court dismissed his petition.