Wednesday, April 17, 2024
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Bombay High Court reserves verdict in Dheeraj Wadhawan plea against order to transfer him from Kokilaben to JJ hospital

Single-judge Justice Prakash Naik was informed that pursuant to the orders of the special CBI court, Wadhawan has been shifted to the Taloja central prison.

“We will take him to the J J hospital on Thursday morning for a follow-up and also for a nasal endoscopy after which a nasal surgery is to be performed. We are making an attempt for giving him all medical facilities but he seems do not want to avail it or is either trying to avoid the treatment,” Hiten Venegaonkar, the special counsel for the CBI, told the judges.

At this, senior counsel Amit Desai who was appearing for Wadhawan, pointed out that his client needs to continuously on ‘blood thinners’ and that he is not willing to undergo any surgery at the JJ hospital.

“His fear is what if the surgery fails; (it) happens at the JJ hospital given its infrastructure. Thus, my client doesn’t wish to go to JJ,” Desai submitted.

Countering the submissions, Venegaonkar argued that Wadhawan cannot press for a hospital of his choice. The counsel further submitted that the JJ hospital is well equipped for nasal surgery.

However, Desai countered the same.

“It is my body, my life and my surgery. Why is this agency (CBI) suddenly concerned about me after months of treatment in a private hospital. What has changed now? Is any circumstance brought before this court against me except for being admitted in a private hospital,” he said.

During the hearing, Justice Naik sought to know if Wadhawan would be taken to JJ hospital for check ups on Thursday, to which Venegaonkar said,

“First they have to perform an endoscopy and only after that a surgery would be performed. But he isn’t ready to go to J J. If something has to go wrong then it can go wrong even at a private hospital.”

Desai, however, urged the bench to consider the “rights of a prisoner” before passing any orders.

The judge, accordingly, reserved his order in the matter and is likely to pronounce the same on Friday.

Source: Barandbench

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