Bombay HC refuses medical bail to Rakesh Wadhawan, asks jail hospital to make arrangements for medical care

The bench noted that the prescribed course of treatment was primarily medication and management and no urgent measures such as medical procedure or surgery was recommended.
“For his release on bail on medical grounds, unless it is pointed out that he is required to undergo a particular process or procedure for curing any ailment, I do not think the relief prayed deserves to be granted,” Justice Dangre noted.

The HC added, “Medication is the only solution which is offered as on date, unless in future for dealing with a particular issue he requires some hospitalisation.” Justice Dangre went on to add, “I am of the opinion that, at this stage, release of the applicant on the ground of his medical ailment do not deserve any consideration and I am not inclined to grant the said request.”

On September 27, hearing Wadhawan’s interim application in bail plea, the HC had directed him to be admitted to the state-run JJ Hospital within two to three days and continue to be there till tests for various treatments are carried out and medical reports are conveyed to the court.

The report compiled after assessments from various specialties, suggested continuous medication and management for multiple chronic illnesses including diabetes, hypertension, chronic kidney disease, heart disease, depressive disorder, and urinary tract infections.

Dr. Aman Pandey, the Chief Medical Officer (CMO) of the Arthur Road Prison “expressed helplessness” stating that there are two MBBS doctors attached to the Jail hospital assisted by one BAMS doctor and nearly 70-80 patients are admitted at the said hospital inside the prison.

When the bench asked whether the doctors are assisted by supporting staff, including nursing staff, Pandey responded in negative. He also added that no physiotherapy facility was available in the jail and also suggested that the physiotherapist from the JJ Hospital can be deputed for the applicant.
The bench issued a slew of instructions to the jail authority for proper care of Wadhawan including arrangements for regular medication, physiotherapy, routine monitoring, intermittent ECGs, nursing care, and the management of bed sores among others.

The HC asked CMO to allow Wadhawan family to bring his necessary prescribed medications and also asked the jail hospital to provide a specific bed to take care of applicant’s bed sores. The HC said Wadhawan will be discharged from J J Hospital once required arrangements are made at the prison hospital by October 30 and CMO is asked to be in touch with doctors concerned from JJ Hospital for any emergency situation.

The HC sought government’s reply to Wadhawan’s bail plea on merits, which will be heard on November 6.