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This is an archive article published on June 15, 2016

Fitness report by JJ hospital is not mine: NCP leader Chhagan Bhujbal to court

His counsel Amit Desai claimed the blood report showed his client’s date of birth as May 24, 1947 whereas it was October 15, 1947.

Chhagan Bhujbal, Bhujbal, NCP, Maharashtra Sadan scam, NCP leader arrest, NCP arrest, maharashtra news, mumbai news, jj hospital j j hospital Bhujbal, arrested on March 14 by the Enforcement Directorate (ED) on charges of money laundering in the Maharashtra Sadan scam, has sought bail on medical grounds.

Arrested NCP leader Chhagan Bhujbal on Tuesday raised doubts in the Bombay High Court over the authenticity of his medical reports given by the J J Hospital, which declared him fit. Bhujbal, through his lawyer, claimed the report was somebody else’s as the date of birth was not his.

Bhujbal, arrested on March 14 by the Enforcement Directorate (ED) on charges of money laundering in the Maharashtra Sadan scam, has sought bail on medical grounds.

His counsel Amit Desai claimed the blood report showed his client’s date of birth as May 24, 1947 whereas it was October 15, 1947. What raised more doubts, he argued, was the report’s date of August 8, 2008 at 4.51 am. According to the lawyer, by no stretch of imagination could the report be of that date.

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“I do not know if it is mine or somebody else’s. The flowsheet is of J J Hospital which has the report of a general test of my RBC and WBC,” Desai said on Bhujbal’s behalf. Moreover, the lawyer cited the computer generated ECG reports that show a time of 9.43 am — a time he claimed his client was at Arthur Road Jail and not in hospital.

“Somebody has handwritten the name and time of 2 pm on the ECG report. The RTI reply shows that Bhujbal was taken to hospital at 9.50 am on that day,” asserted Desai. He pointed to the reports not having Bhujbal’s signatures in the “reviewed by” column. “I would like somebody to check me holistically. Whether or not calcification is new or old, J J cannot tell because they are not even doing my ECG,” argued Desai on behalf of his client.

It had been pointed out before Justice P N Deshmukh that despite Bhujbal suffering from chronic illnesses, the state was not ready to allow him to have his own choice of doctors.

On the direction of HC, a medical board of senior doctors was constituted to submit a report. The panel declared Bhujbal “clinically fit” on May 24.

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But his lawyer said Bhujbal has had a series of life threatening diseases. According to Bhujbal’s medical history, he has been suffering from bronchial asthma since 1999; hypertension since 1990; diabetes since 2000; sleep apnea since 2000 besides osteoarthritis, chronic constipation and other complications.

“We cannot keep ignoring he is 69. He has been under medication for many years,” argued the lawyer. Bhujbal, he said, had elevated cardiac enzymes and it had to be borne in mind that he has had 20 per cent blockages in the heart since 2003.

Relying on opinion of doctors of Hinduja Hospital, Desai pleaded that with passage of time, his condition had put Bhujbal to risk. “No law in the country says that I cannot have an opinion of my own. It is my body. I should be given an opportunity to get treated by doctors of my choice,” Desai sought while arguing for Bhujbal’s bail.

The ED counsel Hiten Venegaonkar countered Desai’s claims saying the allegations were sketchy and vague. Venegaonkar reasoned that Desai should have put his claims in an affidavit before the court. The arguments will continue on Thursday.

Aamir Khan is Head-Legal Project, Indian Express digital and is based in New Delhi. Before joining Indianexpress.com, he worked with Press Trust of India as News Editor, editing legal stories from the Supreme Court and various High Courts. He also worked as an Associate Editor with Bar and Bench, where he led long-form storytelling, ran series on crucial and interesting legal issues, conducted exclusive interviews and wrote deep-dive stories. He has worked for the Indian Express print between 2013 and 2016, when he covered law in Mumbai and Delhi. In his current role, Aamir oversees the legal coverage for the website. He holds an LLB degree, PG Diploma in Journalism (New Media) and a Bachelor's in Life Sciences and Chemistry. You can reach him at: aamir.khan@indianexpress.com. ... Read More

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