DHFL scam: Bombay HC seeks medical report on Dheeraj Wadhwan from JJ Hospital

Urvi MahajaniUpdated: Monday, April 04, 2022, 08:33 PM IST
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DHFL scam: Bombay HC seeks medical report on Dheeraj Wadhwan from JJ Hospital | File Photo

The Bombay High Court has asked the JJ Hospital to submit a medical report of Dewan Housing Finance Corporation Limited’s (DHFL) promoter Dheeraj Wadhawan where he was taken for some tests following a prolonged stay at a private hospital.

The CBI had recently directed Wadhawan's transfer to JJ Hospital observing that he had played fraud on another court while availing the order in June last year by suppressing that the CBI court had already rejected his plea for private hospital admission. Wadhawan was arrested in 2020 first by the CBI in connection with the Yes Bank case and then by the Enforcement Directorate. He is being tried by the special CBI court and special court under the Prevention of Money Laundering Act (PMLA).

Justice PD Naik, on Monday, directed the JJ Hospital to submit, by Wednesday, medical report on Wadhawan's ailments and the medical treatment being provided to him.

The HC is hearing a petition filed by Wadhwan challenging the order of the CBI court directing his transfer to the JJ Hospital from Kokilaben Ambani Hospital, where he was admitted in December 2020, stating the CBI court tried to override the orders of the PMLA court although both have the same standing.

“I can die. The institution can not be allowed to continue like this (one court overriding the other court's orders). The manner in which the court had dealt with the health of an inmate is unacceptable. Where there is order of one court which is dealing with the health of inmate, the court cannot override it,” said Desai.

He further argued that due to the order of the CBI court, doubts were cast on his behaviour. “This kind of an order casts serious aspersion on our behaviour. Judge should have called for a record and heard us. Of the 15 months that I (Wadhwan) was there, one more week wouldn’t have mattered. What was the need to hurriedly pass such an order (directing transfer to JJ Hospital). What is the haste that is going on?” asked Desai.

Following CBI court's order, Wadhwan was taken to JJ Hospital where he was examined and kept under observation for one and half days and then taken to Taloja Prison.

The CBI, in its reply affidavit, has stated that there was no “illegality/irregularity” on the part of the CBI judge directing Wadhawan's transfer to JJ Hospital. The agency has said that Wadhwan should have informed the special CBI judge the orders of the special PMLA court.

Denying the claims that his health was ignored, CBI has said that the CBI court had directed to shift him to JJ Hospital to “adequately safeguard his medical interest”. However, Wadhwan wants to be treated only at private hospital and hence has approached the HC.

CBI has prayed for a constitution of a Board of Doctors to comprehensively assess Wadhawan's medical condition and whether he requires further hospitalisation.

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