The Bombay High court on Friday directed the superintendent of the Arthur Road jail to provide Housing Development and Infrastructure Limited (HDIL) promoter Rakesh Kumar Wadhawan with all his medical record of his treatment at the jail hospital and two government hospitals in Mumbai.
The division bench comprising justice RD Dhanuka and justice VG Bisht has ordered the jail superintendent to supply the record to Wadhawan, an accused in the massive fraud at Punjab and Maharashtra Co-operative (PMC) Bank, by August 10.
The directive came on a petition filed by the HDIL promoter seeking a direction to the jail authorities to forthwith shift him either to Nanavati, Lilawati or Criticare Hospital in Mumbai for necessary treatment.
Arguing for him, senior advocate Amit Desai pointed out that though Rajesh Wadhawan has been suffering from various ailments such as hypertension, diabetes mellitus, pulmonary disorder, insomnia, peripheral neuropathy, borderline high creatinine, chronic UTI, respiratory disorder, lung injury with hypoxic respiratory failure, he was being referred to various government hospitals for treatment.
Desai also complained that none of the medical records of the HDIL promoter was furnished to him, though an application under the provisions of Right to Information Act was made by him. He added that the accused in the PMC Bank fraud case was not able to ascertain his health condition or the treatment provided to him.
Additional public prosecutor Prajakta Shinde, however, submitted that the petitioner only required an endoscopy, which can be done at King Edward Memorial Hospital at Parel. She also pointed out that all other parameters of the HDIL promoter were in order and thus he was not required to be shifted to any private hospital for treatment.
Advocate Hiten Venegaonkar, who appeared for the Enforcement Directorate, pointed out that Wadhawan has filed a plea for the same relief before the sessions court and it has not been decided yet.
In view of this, the bench directed the sessions court to decide the plea on or before August 19 after hearing both the sides. HC also granted liberty to the prosecution to produce his latest medical reports for consideration of the sessions court.
On September 30, 2019, the economic offences wing of the Mumbai Police registered an offence in connection with the purported fraud at PMC Bank, a multi-state cooperative bank having 137 branches in six states.
According to the Reserve Bank of India, the PMC bank had masked 44 problematic loan accounts involving advances to the tune of Rs. 7,457.49 crore, most of which went to the HDIL, by tampering with its core banking system to ensure the loan accounts did not reflect in the regular bank record and were not visible to auditors.
The bank had created 21,049 fictitious accounts to ensure its master data matched with the loan disbursals of Rs. 7,457.49 crore, the RBI had stated in an affidavit filed in the High Court.