NIA opposes Sachin Vaze’s plea for 3 months house arrest

A special National Investigation Agency (NIA) court on Monday asked Wockhardt Hospital at Mumbai Central to file a report on the health condition and discharge date of dismissed police inspector Sachin Vaze while hearing his plea to be kept under house arrest for three months for post-surgery recovery

A special National Investigation Agency (NIA) court on Monday asked Wockhardt Hospital at Mumbai Central to file a report on the health condition and discharge date of dismissed police inspector Sachin Vaze while hearing his plea to be kept under house arrest for three months for post-surgery recovery. The NIA has opposed his plea.

Sachin Vaze has filed a plea in court through counsel Sajal Yadav and Aarti Kalekar post bypass surgery that was conducted on September 13.

Judge AT Wankhede asked the hospital to file a report on the health conditions of Vaze who has undergone coronary artery bypass grafting (CABG).

The court also directed the hospital to inform it 48 hours before Vaze’s discharge from the hospital.

Vaze has filed a plea through counsel Sajal Yadav and Aarti Kalekar post bypass surgery that was conducted on September 13. In his plea he had argued that he will be discharged on September 28, and that he underwent a complex cardiac surgery with five grafts.

In his petition he had claimed that it is a known medical fact that post-surgery there is a high likelihood to contract infection in a non-sterile environment. Jail has a higher rate of tuberculosis and skin infection due to unhygienic conditions and overcrowding, the plea stated.

Vaze had also taken reference of the case of Telegu poet Varavara Rao arrested in the Elgaar Parishad case who was granted temporary bail for six months on medical grounds by the Bombay high court.

Vaze’s plea seeks that he be allowed to be placed in house custody for three months with a permission to visit his doctors for routine medical check-ups.

However, the NIA opposed the Vaze application and filed a reply opposing it.

The NIA stated that the grounds stated by the under trial prisoner in the case of Dr P V Varavara Rao’s case are totally different to the facts as stated by the present applicant accused.

It is further submitted that the judicial custody of the applicant accused under section 309 of CrPC cannot be converted into section 767 of CrPC as the investigation against him was already completed and charge-sheet filed. The grant of house arrest to the accused at this stage is totally against the settled position of law and justice. The hospitals attached to Taloja jail are modern and capable of handling such conditions.

It is further submitted that great prejudice would be caused to the case of the prosecution at hand as there is every possibility that the applicant accused will abscond, if house arrest is granted to said accused.

The jail authorities need to be heard on the issue, the NIA said.