A special court has directed a city industrialist Nihal Garware in its judicial custody in a money laundering case connected to Jammu and Kashmir Bank to be immediately discharged from a private hospital in South Mumbai and lodged back in Arthur Road jail after a medical board of the state’s JJ hospital opined that he no longer required hospitalization.
Garware had been admitted at Breach Candy Hospital since July 3. He had secured a favourable order for his admission at the private hospital for 30 days from an in-charge court while the regular court was on summer vacation. Since then he was admitted there. The Enforcement Directorate (ED) – the prosecuting agency in the case, had approached the special court seeking a specific direction that he be sent back to Arthur Road jail. Upon the plea of the agency, the court had directed that a medical board be constituted by JJ hospital give an opinion on whether he needs further hospitalization. The board had opined in its report to court that he does not require hospitalization and can be treated as an outdoor patient in corporation hospitals.
Garware had strongly opposed this plea of the ED and submitted among other documents, a certificate of his treating doctor at the private hospital. The ED had pointed out that the signatures of the same doctor on an earlier document and the one submitted in support of further hospitalization, are different. Special judge under the Prevention of Money Laundering Act (PMLA) MG Deshpande said in the order that the fact of the signatures not matching is apparent even by naked eyes. “Such attempts on part of the accused show that he is avoiding rejoining Arthur Road jail,” he added.
It said that once the medical board has opined that he can be treated as an outdoor patient his claim for further hospitalization cannot be entertained. It ordered that he get himself discharged from the private hospital in any condition immediately and get himself lodged in the prison. Judge Deshpande further directed the agency to depute its staff so that its order is carried out.