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Journalism of Courage
IN ITS detailed order rejecting bail on medical grounds to DHFL promoter Dheeraj Wadhawan in the Yes Bank loan case filed by the CBI, the special court said that he had ‘misused’ his previous hospitalisation at a ‘luxurious’ private hospital for 11 months. The court on July 13 permitted Wadhawan to avail the procedures for his heart ailments at a private hospital in Mumbai for eight days at his expense, while rejecting his interim and medical bail plea.
The court said that while undertrials in jail are entitled to availing private hospitalisation, the situation in Wadhawan’s case was “exceptional and quite different.” The court said that in 2021, he was granted permission for a hospital stay but he continued to be admitted to the hospital for 11 months when it was brought to the notice of the court. The court said that after notice was issued, both Wadhawan and his brother, co-accused Kapil, who was also admitted at a hospital were discharged.
“Had the court not intervened as such, no one was sure until how many days/years, both of them would have continued their luxurious stay at the hospital?” special judge M G Deshpande said in his order. “In this way the luxury on the pretext of alleged illness enjoyed by both accused that too by avoiding judicial custody for a significantly long period of 11 months, was exposed and this truth was revealed,” the court said. It said that while seeking medical bail, these facts were suppressed.
Wadhawan in his plea had said that he has various ailments including serious heart complications and his health condition continues to deteriorate. He had sought medical bail and permission for undergoing angioplasty/angiography or other procedures as recommended. The court considered the submissions made by the CBI prosecutor A M Chimalkar who said that while Wadhawan was in Delhi, he was referred to AIIMS Hospital but he had refused to avail treatment there. Wadhawan had said that since none of his family members were present in Delhi, he was apprehensive of undergoing treatment there.
The court also considered that Wadhawan had met unauthorised persons during his previous stay at the hospital and entered into a conspiracy to sell paintings owned by the brothers connected to the case. The court said that there may be a misuse again of the liberty granted to him and the apprehension of the CBI cannot be overlooked. It directed the hospital management to take utmost care that the hospital stay is not extended unless required and that the CBI depute a staffer to keep vigilance. It also directed that advance payments towards police guards be made as during the earlier instance, the police had complained of pending dues to the tune of Rs 24 lakh. The court said that the offence relates to huge crime proceeds allegedly usurped by the accused and said that the crime, one of the biggest scams in the country, amounted to a serious economic offence.
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