HC allows DHFL promoter to be shifted to private hospital

The HC accepted the contention and set aside the special court order and allowed Wadhawan to be shifted to Kokilaben hospital from Taloja jail for a period of two weeks to undergo the nasal surgery

Mumbai The Bombay high court (HC) on Friday set aside a special CBI court order, directing the transfer of DHFL promoter Dheeraj Wadhawan to Sir J J Hospital from Kokilaben Hospital, where he has been kept since April last year for treatment of various ailments.

Wadhawan was arrested by the CBI in 2020 in connection with the Yes Bank case and was later arrested by the Enforcement Directorate (HT Photo)

While arguing against the special court order, Wadhawan’s counsel submitted that he had undergone numerous surgeries at Kokilaben since he was admitted there and needed to undergo a nasal surgery and should be allowed to get it done at Kokilaben itself rather than J J Hospital.

The HC accepted the contention and set aside the special court order and allowed Wadhawan to be shifted to Kokilaben hospital from Taloja jail for a period of two weeks to undergo the nasal surgery.

The single-judge bench of justice P D Naik while hearing the application, was informed by senior advocate Amit Desai that the special court could not have overridden the order of a special PMLA court, which had ordered the transfer of Wadhawan to a private hospital.

In March, a special CBI court had directed the superintendent of Taloja Central jail to shift Wadhawan to Kokilaben and also sought an explanation from the superintendent as to how Wadhawan was shifted to Sir JJ Hospital without its permission. The order was passed after the CBI filed an application seeking an end to Wadhawan’s stay at the private hospital as there were medical emergencies.

Wadhawan was arrested by the CBI in 2020 in connection with the Yes Bank case and was later arrested by the Enforcement Directorate.

After hearing the submissions, justice Naik observed in his order that the special PMLA court order could not be set at nullity. “In certain situations, there may be an emergency if undertrial prisoner is suffering from medical reasons, it may not be possible for prisoner to move every concerned court…In the present case, PMLA court had passed the order on June 1, 2021 and March 22 in view of circumstances before it... it is difficult to accept that the order could be set at nullity in similar terms.”

The HC held that the special PMLA court order could have been set aside by a similarly placed court had the undertrial prisoner played fraud. However, facts of each case had to be looked into and to be considered if the situation demanded hospitalisation of an undertrial, as the prisoner has fundamental rights and the right to life includes the right to health.

“Looking at the current situation, the petitioner is not required to be hospitalised continuously at Kokilaben Ambani Hospital. However, he is required to undergo nasal surgery and the J J hospital report indicates that he did not consent for an endoscopy,” noted the court adding that as several reports suggest that he had undergone various surgeries and was hospitalised at Kokilaben, he was permitted to get admitted only to undergo surgery at Kokilaben.

“After the stipulated period, Wadhawan should be taken back to Taloja central prison and in case of any necessity, he be taken to J J hospital/KEM hospital. Petition stands disposed. Order be communicated to the Taloja central prison. The CBI court order is set aside,” the bench held.