Court to pass order today on Deshmukh plea seeking nod for shift to private hospital

Deshmukh was arrested in November last year by the Enforcement Directorate (ED) in connection with allegations of money laundering and bribe taken from restaurant and bar owners.

Deshmukh’s plea, filed through lawyer Aniket Nikam, stated he is a 73-year-old suffering from various ailments and has been in jail for the past six months. Last month, Deshmukh suffered a fall in jail and dislocated his shoulder for which JJ Hospital had suggested a surgery, his plea stated.

It added that since tests prescribed to him are not available with JJ Hospital, he should be permitted to be referred to a private hospital.

The agency relied on information by the head of cardiology department of J J Hospital who said that there was no correlation of “stress thallium test” with shoulder surgery in Deshmukh’s case as it was conducted only to rule out “cardiac Ischemia.”

After special judge R N Rokade sought to know as to why Deshmukh cannot be treated at state-run J J Hospital, Nikam submitted that as per the discharge report, his surgery was crucial and the same can take place at a private hospital. “Deshmukh is in acute pain and he needs to undergo surgery,” he added.

The Judge said the High Court orders are binding on the court and that HC had recently sent an accused to state-run J J Hospital for medical treatment.

“Deshmukh has a history of recurrent shoulder dislocation and after the recent fall while he was in judicial custody his condition worsened. His pain is not subsiding and the medical reports do advise for a surgery and he wishes to undergo surgery at a hospital of his choice and by doctors of his choice,” Nikam argued.

He added, “The 73-year-old will have to be given anaesthesia before surgery and his heart condition will also have to be ascertained and we do not want to take any risk. If he wants to engage a top doctor in the field and bear all necessary medical expenses, then ED cannot insist for treatment at government hospital as no prejudice will be caused to the agency if Deshmukh undergoes medical procedure at a private hospital.”

Meanwhile, the ED opposed Deshmukh’s plea. The central agency, in a reply filed through its Assistant Director Tassine Sultan, sought Deshmukh’s application be rejected and said that private hospitalisation was not necessary.
Special Public Prosecutor Sunil Gonsalves for ED submitted that Deshmukh be treated at J J Hospital, which is competent to conduct cardiac tests as well.

Judge Rokade said, “One opinion says that we should wait and observe, but then the question arises as to who can monitor the same as we are not experts. Their (Deshmukh) application is for shifting to a private hospital, but the record, that is the statement of doctors, shows that the treatment is available at J J Hospital,” the judge noted and reserved its order, which is likely to be passed on Tuesday.