Order to send Dheeraj Wadhawan to jail from hospital passed by ‘egotist’ judge: Lawyers
India Today
The DHFL scam accused, Dheeraj Wadhawan, sought a stay on a March 24 order that sent him back to the Taloja jail from the private hospital where he was being treated for over a year now.
Dheeraj Wadhawan, an accused in the DHFL scam, has been shifted to Navi Mumbai’s Taloja Central Prison in line with the order passed by the special CBI Court. The bench of Justice PD Naik has granted a week's time to the central agency CBI to file its reply to Wadhawan’s petition.
Advocates Amit Desai, Abaad Ponda and Kushal Mor, appearing for Dheeraj Wadhwan, sought a stay on the order passed by a special CBI judge on March 24 that sent their client back to the Taloja jail from the private hospital where he was being treated for over a year.
Advocate Hiten Venegaonkar, appearing for the agency, asked for two weeks’ time and said, “If Amit Desai wants to argue on which sessions court special judge has more power, then I would need time to file an affidavit as the entire investigation is being done in Delhi and the affidavit has to be vetted by them.”
Justice Naik, without indulging Wadhawan's lawyers, said, “Two weeks is too long considering the important issues involved.”
The court has kept the case for hearing on April 4.
Amit Desai told the court that the entire issue revolved around two special judges of the Mumbai sessions court. The special PMLA judge had permitted that Wadhwan be shifted to a civic-run hospital from jail with respect to the ED case only. Later, the court gave permission for Wadhawan to be shifted to a private hospital. He was lodged at the hospital for more than a year.
Meanwhile, the CBI court, after receiving an application from the agency, noted that since the accused was initially arrested by the CBI and was produced before a CBI court, the CBI court becomes the “parent court” and that it should have been informed about the PMLA court order.
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