A special court in Mumbai on Wednesday rejected the plea filed by dismissed cop Sachin Waze seeking temporary house custody in order to recuperate after his recent bypass surgery.
Special Judge AT Wankhede stated that Waze should be transferred to Taloja Central Prison immediately and kept for a month in the prison hospital.
The Court also clarified that as per previous directions, Waze can be given home-cooked food and shifted to JJ Hospital, if required.
Subsequent to his surgery, he sought leave from the special court for temporary 'house custody' for a period of three months to enable him to recover in a safe, sterile and stress-free environment.
He had also sought permission to consult his lawyer in person in his house in the presence of security guards while in house custody.
The plea stated that Waze should not be sent back to Taloja jail where he will not get post operative care and could be exposed to more infections.
Waze's plea highlighted the observations made by Bombay High Court on the abysmal jail conditions at Taloja jail in its order granting interim bail to the Bhima Koregaon accused Dr. Varavara Rao who was lodged in the same prison as Waze.
Opposing the plea, NIA submitted that Waze is likely to abscond if the plea for house arrest is allowed.
NIA submitted that the facts in Rao's case are totally different to the facts in Waze's case.
Waze's lawyers, Rounak Naik and Aarti Kalekar, informed the Court that while Waze will be in custody, there will also be security personnel so there is no question of Waze absconding.
NIA however informed the court that the hospitals in Mumbai attached to Taloja Central Prison are fully competent and aided with all modern facilities to take care of the health condition of the applicant.
Special Public Prosecutor Sunil Gonsalves prayed for rejection of the plea on the ground that under the garb of house arrest, Waze was seeking interim bail.
“Fundamental right is there, no doubt. But the court has to balance the right with public interest at large,” Gonsalves submitted.