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Bombay HC allows UK national accused in land scam to travel home for surgery
The division bench of justices B P Dharmadhikari and P D Naik has allowed the accused, Nazir Mussa, two months to travel, but directed him to return earlier if required by police.
The Bombay high court (HC) on Friday allowed a 70-year-old UK national, accused in a Saki Naka land scam case, to travel to his home country to undergo a bypass surgery, even as Sir JJ Hospital said it could not confirm whether he needed it.
The court relied on a colour doppler test – a test that estimates the speed and direction of blood flow in a vessel by bouncing off high-frequency waves off blood cells – conducted on March 18 while giving its verdict.
The division bench of justices B P Dharmadhikari and P D Naik has allowed the accused, Nazir Mussa, two months to travel, but directed him to return earlier if required by police.
It also directed him to file an affidavit outlining details of his travel dates, surgery and his contact details, as well as to report to the Indian embassy in UK on the first working day of the month.
In 2000, Mussa – along with an Indian and a Canadian – had floated a company to purchase land in Andheri.
In 2013, the Indian partner lodged a complaint against Mussa with the city’s Economic Offences Wing (EOW), claiming that Mussa had forged net worth certificates to facilitate bank loans and increase his and the Canadian partner’s share.
On Friday, Mussa’s counsel, Shoaib Memon, told the division bench of justices B P Dharmadhikari and P D Naik that the colour doppler test showed several blockages near his heart. Memon contended that Mussa should be allowed to travel to his home country for the bypass surgery.
Memon also pointed out that the HC had directed EOW to complete investigations by February 2019, but the agency had not done so. Given the seriousness of Mussa’s condition, he should be allowed to travel, Memon said.
The state opposed to Mussa’s plea, citing that Sir JJ Hospital had not given an opinion on the need for surgery after taking at look at his medical report. However, the HC bench ruled in favour of Mussa.
