The Bombay High Court on Friday directed the Special Court in Mumbai to decide upon a plea by PMC Bank scam accused Rakesh Wadhawan (67) seeking permission to shift him to a private hospital in the city for medical treatment, on or before August 19.
The Court also directed the government-run J J Hospital, to furnish his medical records including case management papers, showing health status and treatment given so far along with other two hospitals, where he was referred to for certain treatment earlier. Last month, Wadhawan was shifted to JJ Hospital after he tested negative for Covid-19.
Rakesh Wadhawan, promoter of Housing Development Infrastructure Limited (HDIL), has been lodged in Arthur Road Jail in connection with the Punjab and Maharashtra Cooperative (PMC) Bank alleged fraud case.
A division bench of Justice R D Dhanuka and Justice V G Bisht on Friday heard through videoconference, writ plea by Rakesh Wadhawan filed through senior advocate Amit Desai, seeking reliefs to shift him to one of the private hospitals in the city including Nanavati, Lilavati or Criticare for treating various medical conditions.
Desai submitted that though his client had been suffering from various medical ailments including hypertension, diabetes, pulmonary disorder and lung injury among others, the prison authority has been referring him to government hospitals for seeking various reports. Moreover, none of the medical records of Wadhwan maintained by authorities had been given to him through RTI application made by him.
Advocate Hiten S Venegaonkar for ED submitted that an application for similar relief is pending before the Sessions Court for disposal and therefore the HC should not entertain a present plea.
Additional Public Prosecutor Prajakta Shinde for the state government submitted that Wadhawan only required endoscopy, which can be conducted at KEM hospital. “All other parameters of the petitioner are in order and thus the petitioner is not required to be shifted to any private hospital for treatment,” Shinde said.
After hearing submissions, the Court directed the state-run J J Hospital to produce all medical records on or before August 10, showing health status of the petitioner, including treatment given at two other hospitals, where Wadhawan was referred earlier.
Moreover, the bench directed the Special Court to dispose of ‘without fail’, a pending application made by Wadhawan seeking treatment at a private hospital, on or before August 19 on its merits. However, disposing of the plea, the HC clarified that it had not expressed any view on the merits of the case and all contentions of the parties were kept open.
Wadhawan has been named an accused by the Economic Offences Wing (EOW) of the Mumbai Police and the Enforcement Directorate (ED) for his alleged involvement in the PMC Bank fraud. His earlier bail pleas, seeking to be released temporarily citing the Covid-19 pandemic, were rejected by the special court that observed that the allegations against him were of a serious economic offence, which had caused losses worth crores.
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