Rakesh Wadhawan (File)Observing that getting proper medical aid is a valuable right of an undertrial prisoner, a special court earlier this week directed that Rakesh Wadhawan, the 69-year-old promoter of infrastructure company HDIL, be shifted to the state-run J J hospital.
On Wednesday, Wadhawan was brought before the special court in a wheelchair. His son, Sarang, told the court that it has become difficult for his father to take care of himself on his own in jail. Wadhawan suffers from various ailments and has been admitted to hospitals multiple times since his arrest in 2019 in the PMC Bank fraud case. The court was told that his movements are completely restricted and he requires assistance in jail.
“The submissions made by Sarang Wadhawan and the current physical condition of Rakeshkumar Wadhawan clearly indicate that the situation of the applicant is beyond control of his son as well as jail staff and medical staff deputed in jail,” Special Judge M G Deshpande said.
“If the applicant is admitted in Sir J J hospital, at least he will get proper care, nursing and advise of multiple super specialists. In that event, no prejudice will be caused to the ED. On the contrary, if the application is rejected, certainly it will leave the applicant at the mercy of God without acknowledging his rights bring an undertrial prisoner. The court cannot become a mute spectator and ignore the precarious health of the applicant,” it added.
The court also referred to a report of the chief medical officer of Arthur Road jail where Wadhawan is lodged. The report stated that the prisoner needs proper nursing care, critical care support and full-time nursing care along with guidance of multiple super-specialists. “This clearly indicates that the jail medical staff and machinery are short to handle and nurse the applicant… the jail medical staff, jail hospital and jail staff are not sufficient to deal with this situation of the applicant,” the court said, adding that the Enforcement Directorate’s opposition to Wadhawan’s plea on the ground that the jail staff is well-equipped and able to handle him is “baseless and not justified”.
The court ordered that Wadhawan be admitted to J J hospital, where a ward assistant will look after his hygiene. Also, two police staffers are to be deputed at his expense.