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

The Delhi HC today declined to pass any order on a plea made by the brothers of ailing George Fernandes, who is suffering from Alzheimer`s disease, to ensure he gets medical treatment under supervision of an expert from AIIMS.



New Delhi: The Delhi High Court today
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.

PTI

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