The Bombay High Court on Thursday refused bail on health grounds to jailed businessman Rakesh Wadhawan, accused of money laundering in the multi-crore Punjab and Maharashtra Co-operative (PMC) Bank fraud case.
Mr Wadhawan, the founder of Housing Development Infrastructure Limited (HDIL), was arrested by the Enforcement Directorate in the case in 2019.
A single bench headed by Justice Nitin Sambre said that Mr Wadhawan’s contention that he needs to be immediately released on temporary bail on medical grounds is “not justified”.
It said the denial of medical bail was in no way a violation of Mr Wadhawan’s fundamental right to life as he was provided adequate medical treatment by the state jail authorities whenever required.
Mr Wadhawan, who recently underwent a surgery for pacemaker implantation, had demanded that he be released on bail so that he can be discharged from the city’s civic-run KEM Hospital, where he is currently in judicial custody. Recruits are happening, and shifts can happen. Out on bail in a private hospital.
Mr Wadhawan had said in his petition that he was suffering from serious co-morbidities, that his immune system was compromised after having recently contracted COVID-19, and that he was admitted to the civil hospital for infections and diseases. The reasons for the contract were susceptible. Huge crowd at the hospital.
He further added that KEM Hospital does not have ICU facility especially for people suffering from cardiac problems.
However, state counsel Prajakta Shinde objected to Mr. Wadhawan’s bail plea.
She explained that since her arrest, she was provided timely and specialized medical treatment in state-run and civil hospitals by the state prison authorities from time to time.
Ms Shinde said the KEM hospital authorities themselves had recommended Mr Wadhawan to be shifted to another hospital for pacemaker transplant surgery as the hospital did not have such a facility. However, now that the surgery was over, Mr. Wadhawan could continue his medical treatment at KEM.
Ms Shinde also submitted documents to show that KEM Hospital was currently undergoing renovation and arrangements were being made to set up a cardiac ICU within a few weeks.
The court took note of the state’s submissions and agreed that Mr Wadhawan was actually provided “best possible” medical treatment by the state prison authorities, whenever required.
The High Court said, “In the background of the above (the treatment being provided by the State authorities), it cannot be inferred that the right of the applicant for proper medical treatment in a super-specialty hospital under Article 21 of the Constitution will be denied. Violation has been committed,” the High Court said. .
“Rather, the various medical treatments which are given to the applicant prove to be life saving at this stage. The claim by the applicant that he needs to be released immediately on temporary bail on medical grounds is not justified. Qualified and dismissed has been done,” it added.
The court, however, gave Mr Wadhawan the liberty to approach the court in case of any emergency.
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