Delhi HC declines to pass order on Fernandes’ brothers’ plea

Delhi HC declines to pass order on Fernandes’ brothers’ plea

M.today

New Delhi, August 16: The Delhi High Court on Monday declined to pass any order on a plea made by the brothers of ailing former union minister George Fernandes, who is suffering from Alzheimer’s disease, to ensure he gets medical treatment under the supervision of an expert from AIIMS. 

 Justice V K Shali said "the court cannot monitor all these things. The disease is such that each moment, each hour and each day the condition of the patient deteriorates...".

Appearing for Richard and Michael, senior counsel K N Balgopal submitted that his clients, being the brothers of former the Union Minister, would like to be reassured about the treatment given to him.

He also submitted that till January this year George Fernandes was undergoing treatment at AIIMS and he was fit to walk but he is now undergoing treatment in a private hospital. "I cannot pass any order with a direction to give treatment to him under the supervision of any specific doctor when the other party is contesting your plea," Justice Shali said.

Opposing the plea of Fernandes’ brothers, his wife Leila Kabir’s lawyer Aman Lekhi submitted that the socialist leader is at present staying with the wife at their residence in South Delhi and getting treatment from Max hospital in Saket.

Last month, the Court had ordered that Fernandes will continue to stay with his wife and refused to interfere with the present arrangement after an hour-long chamber proceeding.

The brothers of Fernandes filed an application seeking constitution of a medical board to assess and monitor his health condition.

The family members of the former trade union leader are fighting a legal battle for getting his custody. His brothers have alleged that Kabir was not allowing them access to the veteran leader.

They also alleged she was staying separately from Fernandes for the past 25 years and has now come back to him as she was eyeing his property.

She said the brothers had stayed outside Delhi and never visited the former minister. She claimed the property worth crores of rupees was the motivating factor for them to be here.