Dewan Housing Finance Corporation Limited’s (DHFL) promoter Dheeraj Wadhawan has approached the Bombay High Court challenging the order of the Special Central Bureau of Investigation (CBI) court directing that he be shifted from the private hospital to the state-run JJ hospital.
The CBI had recently directed Wadhwan’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 the private hospital admission.
The CBI judge was miffed that Wadhawan had been shifted to a private hospital based on an order of the special court under the Prevention of Money Laundering Act (PMLA) even though it was the CBI Court that had first sent Wadhawan to judicial custody.
In his plea, Wadhwan has claimed that CBI and PMLA courts have concurrent jurisdictions, therefore one cannot overrule the other. Also, the question of primary and secondary jurisdiction would not arise in a medical case.
He has further contended that he was not out on medical bail but was transferred to the private hospital for medical treatment, which the CBI court had not considered.
The CBI court has also sought a response from the Taloja prison superintendent on Wadhawan's admission to a private hospital for 15 months without the court’s permission. It had also directed the JJ doctors to examine him and submit his medical report.
Wadhawan was arrested in 2020 first by the CBI in connection with the Yes Bank case and then by the Enforcement Directorate (ED).
