Mumbai court rejects plea by Anil Deshmukh to undergo surgery at private hospital

A Mumbai court on Friday rejected the petition filed by former Home Minister Anil Deshmukh seeking permission for transfer to a private hospital of his choice for getting a shoulder surgery..Additional Sessions Judge RN Rokade, Special Judge for Members of Parliament and Maharashtra Legislative Assembly, instead directed the former minister to get operated at the JJ Hospital.Deshmukh is presently in judicial custody as prime accused in a corruption case alleging that he extorted money from bars and restaurants in Mumbai and the money-laundering case arising from the case.A detailed order is awaited..Deshmukh had approached the Mumbai Court through Advocate Aniket Nikam who had told the court that his 73-year-old client was suffering from various ailments and had been in jail for over six months.He stated that after he suffered a fall in prison in April, he was taken to JJ hospital where he was suggested to have a surgery. He prayed that Deshmukh be permitted to get the surgery from a private hospital since the tests prescribed to him were not available at the State-run hospital.The Special Judge sought to know why Deshmukh could not be treated at the government hospital.Nikam replied that since Deshmukh was a senior citizen undergoing a crucial surgery, it would be appropriate to permit him to avail treatment at a hospital and doctor of his choice.“While being in judicial custody, the accused has all the rights under Constitution to get treated in a doctor of his choice, especially when he is willing to bear expenses of the treatment as well as the escorts”, Nikam submitted..Special public prosecutor Sunil Gonsalves for Enforcement Directorate contended that they were not opposing Deshmukh's plea for surgery.However, they opposed the prayer for transfer to private hospital since according to the agency, the JJ Hospital was competent and provided the best treatment.“Their application is for transfer to private hospital, but their record shows that everything is available in JJ Hospital,” Gonsalves pointed out..After hearing the submissions, the Special Judge reserved the application for orders on Monday this week and pronounced the verdict today..Meanwhile, another Mumbai court on Friday allowed Maharashtra Cabinet Minister Nawab Malik to avail treatment at a private hospital. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.