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Can take Dheeraj Wadhawan to Lilavati hospital for examination and if necessary max 3 day hospitalisation: Bombay HC
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MUMBAI: Bombay High Court on Thursday granted permission to take Dheeraj Wadhawan, former promoter of DHFL to Lilavati Hospital for examination after his lawyers argued that his medical condition was serious and cited medical reports from the hospital.
The HC said that Wadhawan “ if necessary, be hospitalized as suggested for 2 or maximum 3 days” with
necessary safeguards to be ensured by the Jail officials.
Wadhawan promoter of DHFL is accused in a case investigated by the Central Bureau of Investigation (CBI) of an alleged Yes Bank- DHFL fraud worth Rs 4000 cores. The CBI has alleged that Former Managing Director of Yes Bank, Rana Kapoor had entered into a criminal conspiracy with the then Promoters of DHFL of subscription to debentures issued by in lieu of alleged kickbacks of Rs.600 Crore paid by DHFL to companies held by Rana Kapoor and his family members by way of loans.
Justice Bharati Dangre who heard Wadhawan’s lawyers and perused medical
report placed before her, said “since the suggested measures are in form of a follow-up, so that the ailment which has now been analysized can be further focused upon and the treatment can be accordingly suggested, it would be necessary to refer the applicant for proper medical care.”
The HC, however, observed
that the question was, whether this care is available in the Government hospital. While noting that MRI facility was available, “a constant monitoring as suggested in the report is not possible in jail and it would pose a difficulty to have this monitoring done by a new team of doctors and since the patient had already been examined by the Doctors in Lilavati Hospital, it is advisable that the follow-up shall also continue with the same hospital,” the HC reasoned.
The nephrologists had expressed concern and said Renal profile will have to be conducted.
“I have specifically asked the additional public prosecutor as well as the Medical Officer of the Taloja Central Jail, Dr. Umesh Patil, who appeared through VC. He made a statement that this facility cannot be made available in the Jail, as it requires nursing and constant monitoring.”
Wadhawan’s MRI of spine was also adviced.
Justice Dangre after hearing advocates Vijay Aggarwal and Rohan Dakshini for Wadhawan and special public prosecutor A M Chimalkar for State said, “It is expected that the MRI as well as the followups from the all other Departments, including the monitoring of the fluid intake and the output shall require minimum 2 to 3 days, admission in the hospital.”
She directed that the private hospital doctors may charter a programme so that procedures are carried out simultaneously in the two-three day window.
The hospital appointment date must be informed to jail 48 hours in advance and the hospital report to be placed before the HC on November 29. The HC permitted his wife to accompany him to the hospital and extend his access to home food.
The HC said that Wadhawan “ if necessary, be hospitalized as suggested for 2 or maximum 3 days” with
necessary safeguards to be ensured by the Jail officials.
Wadhawan promoter of DHFL is accused in a case investigated by the Central Bureau of Investigation (CBI) of an alleged Yes Bank- DHFL fraud worth Rs 4000 cores. The CBI has alleged that Former Managing Director of Yes Bank, Rana Kapoor had entered into a criminal conspiracy with the then Promoters of DHFL of subscription to debentures issued by in lieu of alleged kickbacks of Rs.600 Crore paid by DHFL to companies held by Rana Kapoor and his family members by way of loans.
Justice Bharati Dangre who heard Wadhawan’s lawyers and perused medical
report placed before her, said “since the suggested measures are in form of a follow-up, so that the ailment which has now been analysized can be further focused upon and the treatment can be accordingly suggested, it would be necessary to refer the applicant for proper medical care.”
The HC, however, observed
that the question was, whether this care is available in the Government hospital. While noting that MRI facility was available, “a constant monitoring as suggested in the report is not possible in jail and it would pose a difficulty to have this monitoring done by a new team of doctors and since the patient had already been examined by the Doctors in Lilavati Hospital, it is advisable that the follow-up shall also continue with the same hospital,” the HC reasoned.
The nephrologists had expressed concern and said Renal profile will have to be conducted.
“I have specifically asked the additional public prosecutor as well as the Medical Officer of the Taloja Central Jail, Dr. Umesh Patil, who appeared through VC. He made a statement that this facility cannot be made available in the Jail, as it requires nursing and constant monitoring.”
Wadhawan’s MRI of spine was also adviced.
Justice Dangre after hearing advocates Vijay Aggarwal and Rohan Dakshini for Wadhawan and special public prosecutor A M Chimalkar for State said, “It is expected that the MRI as well as the followups from the all other Departments, including the monitoring of the fluid intake and the output shall require minimum 2 to 3 days, admission in the hospital.”
She directed that the private hospital doctors may charter a programme so that procedures are carried out simultaneously in the two-three day window.
The hospital appointment date must be informed to jail 48 hours in advance and the hospital report to be placed before the HC on November 29. The HC permitted his wife to accompany him to the hospital and extend his access to home food.
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