Bombay High Court reserves verdict in Dheeraj Wadhawan plea against order to transfer him from Kokilaben to JJ hospital

The Bombay High Court on Wednesday reserved its verdict in the petition filed by DHFL promoter Dheeraj Wadhawan, challenging the orders of a special CBI court which had asked the Taloja jail authorities to shift Wadhawan from the Kokilaben Dhirubhai Ambani hospital to state-run J J 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..The CBI in its affidavit filed earlier had opposed the petition alleged that the accused kept the Special Court in dark. In the affidavit filed on Monday, CBI urged the High Court to constitute a board of doctors which can assess his medical condition and also give an opinion if he needs further hospitalisation or not.The special CBI court had in March last week sought a response from the Taloja prison superintendent on Wadhawan's admission to a private hospital for 15 months without the court’s permission.The CBI judge was miffed that Wadhawan had been shifted to a private hospital based on an order of the special court under Prevention of Money Laundering Act (PMLA) even though it was the CBI Court which had first sent Wadhawan to judicial custody.The Court had directed the Superintendent of Taloja Central Prison to shift Wadhawan to JJ hospital immediately and concerned doctors at JJ were directed to examine him and place the report before the Court.Wadhawan had then approached the High Court.