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This is an archive article published on March 28, 2000

HC expresses doubts about Udayanraje’s `illness’

MUMBAI, MARCH 27: The decision on the treatment of Udayanraje Bhonsle's `illness' will be taken on Wednesday, March 29, 2000 with the Bomb...

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MUMBAI, MARCH 27: The decision on the treatment of Udayanraje Bhonsle’s `illness’ will be taken on Wednesday, March 29, 2000 with the Bombay High Court on Monday directing his counsel to decide by then where he would like to have himself treated.

Justice T K Chandrashekar Das had directed the Medical Board of Sangli-Miraj to file a report on the medical condition of Bhonsle last week. The report was submitted to the court a few days back in a sealed cover. On the basis of this report, the state police stated through Vijay Narayan Gaikwad, Additional Superintendent, CID, Kolhapur that though the report was given to the court, it was inconclusive and that, further examinations were needed for confirming the medical condition of Bhonsle.

Bhonsle, the 13th descendent of Shivaji and former Minister of State in the former SS-BJP government is prime accused in the murder of a NCP corporator from Sangli, Sharad Levhe, murdered on September 11, 1999. Since then, Bhonsle, who has complained of several illnesses has been in the Sangli Civil Hospital and has filed for bail in the High Court.

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The application has been opposed by the state police, which has expressed grave reservations about the medical reports given by doctors of the Civil Hospital. It was in this background that on March 17, Justice Das directed the Regional Medical Board to examine him.

However, while going through the earlier report, Justice Das remarked that the report was "evasive and mechanical, and that not even a nurse could have submitted such a report". Pointing out to the report, Justice Das noticed that the report does not say whether Bhonsle was genuinely ill or not. "All your officers are unreliable," Justice Das told Additional Advocate General P Janardhanan.

Meanwhile, in his affidavit, Gaikwad told the court that the report was non- conclusive and that further examinations, including stress thalium studies (non-invasive) and coronary angiography (invasive), were needed. Gaikwad stated that while the Board has felt that mild hypertension can be controlled with drugs, Bhosle needed to be referred to the J J Hospital for the angiography test. However, Gaikwad stated that when his deputy, S B Patil, visited Bhonsle in the hospital, he was informed that Bhonsle refused to shift to the J J Hospital arguing that he had a right to be treated by doctors of his choice.

Gaikwad told the court that the supporters of Bhonsle had created a law and order problem in the area on March 18 and 21. (On March 17, the HC ordered re-examination by the Board and the report was to be submitted on March 22). He then reiterated that there would be a danger to the eye-witnesses to the murder if Bhonsle were released on bail and again urged the court that bail not be granted to him.

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However, Bhonsle had attached an additional affidavit by his mother, in which another doctor, Dr Subodh Dhanawade had advised coronary artery bypass surgery in addition to the other tests suggested by the Board.

Justice Das took objection to this report since it was not submitted to the court. Advocate Anita Aggarwal, representing Bhonsle, argued that Dr Dhanawade had taken the permission of the Board before handing the report to Bhonsle’s mother. She then argued that Bhonsle should be treated by doctors of his choice.

Justice Das ticked her off saying that as an accused, Bhonsle would have to give up some freedom, and would have to choose a government hospital. "In this case, your client has been successful in evading arrest for five months," he pointed out.

He has now given Bhonsle time till Tuesday to decide on which hospital he wanted to be treated in. The matter is to be heard on Wednesday, March 29, 2000.

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