FPJ Legal: Bombay HC HC rejects HDIL promoter Rakesh Wadhawan’s medical bail plea

Staff ReporterUpdated: Thursday, October 14, 2021, 11:55 PM IST
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Rakesh Wadhawan |

Observing that “best possible treatment” was provided to Housing Development Infrastructure Limited (HDIL) promoter Rakesh Wadhawan, the Bombay High Court has rejected his bail plea on medical grounds. Wadhawan has been arrested for his alleged role in the multi-crore money laundering scam involving Punjab and Maharashtra Co-operative (PMC) Bank.

Wadhawan had filed a bail application seeking his release on health grounds considering his advanced age and ailments.

On Thursday, Justice Nitin Sambre rejected Wadhawan’s bail plea observing, “What is noticed is, best possible treatment at well-known Government/Corporation Hospital is made available to the Applicant. There is nothing on record to infer that the applicant is not treated for his ailment.”

Justice Sambre also expressed that as far as his comorbidities are concerned, the KEM Hospital Authorities shall be taking appropriate precautions for the same.

The court was informed that Wadhawan had already been operated in KEM and a pacemaker had been installed.

However, his counsel had prayed for his release to go to a private hospital that has a cardiac care unit.

To this, the state government had informed the HC that KEM will be setting up a cardiac facility within a week and therefore, his release was not necessary.

“In the backdrop of aforesaid, it cannot be inferred that right of the Applicant guaranteed under Article 21 of the Constitution for having proper medical treatment in super-speciality hospital is violated. Rather, various medical treatments which are given to the Applicant are proved to be lifesaving at this stage,” added the HC.

The court also noted the fact that the Dean of the KEM Hospital on the court’s request, permitted Wadhawan’s doctor to visit the hospital.

Besides, the court said that when it was learnt that Wadhawan required immediate medical treatment of acute nature, the same was provided to him and he “underwent an operation for pacemaker implantation and is recovering out of the same”.

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