The Bombay High Court on Monday refused to grant relief to MCOCA accused Vishal Dhakkan, who is infected with HIV. Dhakkan (35) had approached the HC seeking to be transferred to the general ward of the JJ Hospital from the prisoner's ward so that his wife could visit him daily to nurse him.
Dhakkan was arrested in 2003 and was booked under the Maharashtra Control of Organised Crime Act (MCOCA) and has been languishing in the Yerwada Central Prison since then. In 2005 he was diagnosed as HIV positive by the JJ Hospital following which he sought bail on medical grounds.
The HC, in September 2005, rejected the bail application. However, the court observed that the MCOCA accused deserves to be treated as an indoor patient in the JJ Hospital. Dhakkan has now filed an application at the HC seeking to be transeferred to the general ward of the hospital from the prisoner's ward so that his wife could visit him daily to render nursing and provide home food. Dhakkan stated that since he is the prisoners' ward, the police do not allow his wife access.
The Bombay High Court however, on Monday refused to grant relief to Dhakkan and directed the hospital to decide on the matter.