Bombay HC allowed founder of HDIL, Rakesh Wadhawan, presently admitted in KEM hospital, to be transferred to private hospital for a period of six weeks
The Bombay High Court allowed the founder of HDIL, Rakesh Wadhawan, presently admitted in KEM hospital, to be transferred to a private hospital for a period of six weeks.
Background
Mr. Rakeshkumar Wadhwan developed Resistant Urinary tract infection due to which he was started on Antibiotics for one month. He had complaints of Recurrent Palpitation and Chest Thumping Hence Cardiologist had advised for monitoring and serial ECGs. He was planned for Coronary Artery Bypass Graft (CABG); however he refused it and hence planned for discharge on 25th January 2022. However, he gave consent for CABG on 25th January 2022 and hence was transferred to Cardiovascular Thoracic Surgery Department (CVTS) for further management. On routine investigations done for his preoperative workup, his urine routine showed 8-10 pus cells and hence the urologist has asked for urine culture and sensitivity, Cardiac anesthetist has asked for ENT reference in view of his history of obstructive sleep apnea. His workup for the surgery is being done. Once he is fit for bypass his surgery will be planned.
Arguments
APP appearing for the State of Maharashtra contended that KEM Hospital has all the facilities and the renovation work in the hospital is also over. However, she admits that the Doctor has opined that the applicant is a high risk patient.
Advocate Mundargi, appearing for the applicant, submitted that the applicant was being treated over the years by his private doctor Dr. Prashant Nair attached to Kokilaben Ambani Hospital, Mumbai and the applicant would feel safe if the surgery is performed under his supervision and under his consultation.
Decision
The single judge bench of Justice Sarang V. Kotwal stated that the applicant is permitted to take treatment, including undergoing surgery in a private hospital of his choice in Mumbai, for a period of six weeks.
The court ordered that the applicant will be taken to such a hospital only under escorts. The number of escorts required to be provided shall be decided by the State of Maharashtra.
The court added that at the end of six weeks’ period, the applicant shall be shifted back to KEM Hospital; and then the State of Maharashtra shall take a decision as to when the applicant shall be shifted to jail.
Case title: Rakesh Kumar Wadhawan v/s The Directorate of Enforcement and another
Citation: CRIMINAL BAIL APPLICATION NO.4099 OF 2021
