New Delhi: A court in Maharashtra has ordered hospitalisation for Rakesh Kumar Wadhawan– in Mumbai's Central Prison for over money laundering charges since 2019 – noting that getting proper medical aid is a right of an undertrial prisoner.

Times of India has reported that a special Prevention of Money Laundering Act court ordered that Wadhawan, who is 69 years old, to be moved to the JJ Hospital. The court also asked that a ward boy be appointed for round-the-clock care of the wheelchair-bound prisoner.

A director of the Housing Development and Infrastructure Ltd (HDIL), Wadhawan was arrested in 2019 during the investigation of the bankrupt realty company’s dealings with the Punjab and Maharashtra Co-operative Bank.

According to reports, PMC allegedly used thousands of fictitious accounts to hide loans it made to HDIL, leading to a loss of at least Rs 4,355 crore. Rakesh's son Sarang was also arrested.

Special judge M.G. Deshpande said while the Enforcement Directorate's case will not suffer if Wadhawan's plea to be moved to the hospital is allowed, if such an application is rejected, it "will leave the applicant at the mercy of the God without acknowledging his rights being an undertrial prisoner."

Also read: Elgar Parishad Accused Systematically Denied Medical Treatment: Family Members

"The court cannot become mute spectator and ignore the precarious health of the applicant. Therefore, I am of the opinion that immediate hospitalisation of the applicant is necessary from the point of paramount consideration of his health issues, which will be the proper answer for his condition," the special judge said, according to the TOI report.

The court also observed that the Enforcement Directorate's claim that the jail staff was able to nurse Wadhawan was baseless in the light of the Arthur Road jail's chief medical officer saying that Wadhawan needs critical nursing and care, is unable to stand without support and requires intervention of multiple super specialists.

Sarang, Wadhawan's son who is incarcerated with him, had also said that it was difficult for him to manage his father's care alone in jail.

"I strongly feel that even special medical opinion is not required to hold as such considering the precarious health and condition of the applicant. If the applicant is admitted in Sir JJ Hospital...at least he will get proper care, nursing and advise of multiple super specialists," the court said, according to TOI.

Wadhawan, according to reports, suffers from serious health conditions.

Earlier in 2022, Wadhawan had moved Bombay high court so that he could undergo a bypass surgery at the Kokilaben Ambani Hospital. The court had granted him his request.

Mumbai jails' treatment of prisoners in need of medical aid while awaiting trial is often brought to headlines. In the recent past, requests for basic medical attention by the activists, scholars and lawyers – who have been held over what the National Investigation Agency says is their connection with the Elgar Parishad case – have brought to light crucial inadequacies of the prison system when it comes to ailing prisoners.

One of the 16 Elgar Parishad accused, Father Stan Swamy, passed away last year. His near ones have accused authorities of the Taloja central prison where he was lodged, of severe medical neglect.

As recently as a day ago, after the health of Vernon Gonsalves deteriorated due to the alleged negligence of prison staff, the family members of people accused in the Elgar Parishad case slammed the pattern of “systematically” denying medical treatment to the prisoners and accused the authorities of “criminal negligence”.

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