Court asks Taloja jail superintendent how Wadhawan was shifted to private hospital without its approval

Wadhawan was arrested in 2020, first by the CBI in connection with the Yes Bank case, and subsequently, by the Enforcement Directorate (ED). While the CBI case is being heard before the special CBI court, the ED case is before the special PMLA court.

On Tuesday, while the CBI court sought response on Wadha-wan’s jail stay, PMLA court told state-run JJ hospital to verify his illness and submit a report on the necessity of him undergoing a surgery prescribed by private hospital.

The CBI on Tuesday filed a plea before the special CBI court on Wadhawan’s hospitalisation, claiming there was no medical exigency to keep him admitted for 15 months. Special CBI Judge S U Wadgaonkar said that since Wadhawan was first sent to judicial custody by CBI court, its permission should have been taken before shifting him to a private hospital. The court said he was shifted to the private hospital on the basis of an order passed on June 1, 2021 by the PMLA court but the CBI court’s permission was not taken.

“Considering this aspect, it is necessary to call for an explanation from superintendent of Taloja jail, on how he shifted the accused to a private hospital without permission of this court, when this court has first remanded accused in its custody. Further call explanation from head of department/superintendent of Kokilaben Dhirubhai Ambani Hospital (on) what medical ailments are suffered by Dheeraj Wadhawan that needs hospitalisation for long period and whether his further admission is necessary… and if yes, then can the same be (done) by (shifting) accused to J J hospital in Mumbai,” Judge Wadgaonkar said while posting next hearing on Thursday.

Meanwhile, the PMLA court was informed that Wadhawan was to be discharged on Tuesday but the hospital has prescribed a surgery since he is suffering from severe nasal congestion with difficulty in breathing and choking spells at night. Special Public Prosecutor Sunil Gonsalves, appearing for the ED, said if any surgery is prescribed by private hospital, a second opinion should be taken from JJ hospital.

Responding to a notice issued by PMLA court last month, the private hospital had submitted a report of Wadhawan’s medical history saying he was suffering from various ailments.

“Doctors in J J hospital shall verify the illness and further submit their report regarding the necessity of surgeries prescribed/proposed by Kokilaben Dhirubhai Ambani Hospital… till then patient be kept in Kokilaben hospital. Report should be submitted within three days on referral of patient by Kokilaben hospital to J J hospital… The ED is at liberty to depute its staff to watch the circumstances of the transaction as directed,” Special PMLA Judge M G Deshpande said.