Bombay HC permits DHFL promoter Dheeraj Wadhawan to undergo surgery at private hospital

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Citing that prison inmates also have the fundamental right to life guaranteed by the Constitution, the Bombay High Court on Friday directed the Taloja prison authorities to ensure that DHFL promoter Dheeraj Wadhawan was taken to Kokilaben Ambani Hospital in the city for a nasal surgery.

A single bench presided over by Justice P D Naik quashed and set aside the March 24 order of a special CBI court directing that Wadhawan be shifted from the private hospital, where he had been admitted for over 15 months, to the state-run JJ Hospital in the city.

Wadhawan had challenged the CBI court's order claiming that he had several ailments and had undergone surgeries at Kokilaben Ambani Hospital, before and after his arrest. Hence, he should be permitted to undergo a nasal surgery at the private hospital, the accused's counsel Amit Desai had informed the court.

Wadhawan was arrested by the CBI in 2020 in connection with the Yes Bank fraud case, and was later placed under arrest by the ED.

The special CBI court had, last month, directed the superintendent of Taloja Central Jail to shift Wadhawan to J J Hospital. It had also sought an explanation from the superintendent on how Wadhawan was shifted to Kokilaben Hospital without its permission.

The court had passed the order in response to the central agency's plea, which claimed that there was no medical exigency to keep Wadhawan in the private hospital for over 15 months.

Desai told the high court that Wadhawan needs to undergo surgery, as he is suffering from severe nasal congestion and has difficulty in breathing.

Allowing Wadhawan's plea, Justice Naik on Friday said, "A prisoner is also entitled to fundamental rights as per the Constitution of India. Right to life as per Article 21 of the Constitution also includes right to health."

The high court directed the Taloja prison authorities to take Wadhawan to Kokilaben Hospital on April 12 to carry out requisite tests and to fix a schedule of the nasal surgery. It said that once the date of surgery was fixed, Wadhawan should be admitted to the private hospital as per the doctors' advice.

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