Court directs prison authorities to readmit industrialist Nihal Garware to KEM hospital
The special PMLA (Prevention of Money Laundering Act) court on Monday asked the Arthur Road jail authorities to immediately shift industrialist Nihal Garware to KEM hospital for kidney-related treatment
The special PMLA (Prevention of Money Laundering Act) court on Monday asked the Arthur Road jail authorities to immediately shift industrialist Nihal Garware to KEM hospital for kidney-related treatment. The court also directed the hospital to discharge him only after he has recuperated.
Garware was arrested by the Enforcement Directorate (ED) on March 22 on money-laundering charges. The agency suspected that he was instrumental in buying a property in Bandra Kurla Complex on behalf of J&K Bank in 2010 at an exorbitant price. In return, ED claimed, Garware had received ₹12.82 crore in kickbacks from the builder.
On January 18, Garware underwent a surgery at KEM hospital where a stent was placed in one of his kidneys, his lawyer told the court. On the same day, Garware approached the hospital dean to allow him to remain admitted till he had fully recovered. However, the hospital discharged him two days later, on the grounds that a prisoner could not be kept in a hospital for more than two days after a surgery, he alleged.
The defence lawyer also claimed that he was passing blood in urine and was also suffering from post-surgery pain.
The court said such premature discharge was likely to affect the health of the accused seriously. “The history of his illness indicates that he has been suffering from Crohn’s disease and the medical literature clearly demonstrates that the disease can be both painful and debilitating, and sometimes may lead to life-threating complications.”
“Kidney complications faced by accused no.1 (Garware) recently may be the result of his chronic Crohn’s disease. Therefore, utmost care of his health is necessary and unless he regains normalcy, haphazard or abrupt discharge after such a major surgery is likely to cause permanent damage to his health,” the court said.
The court directed KEM hospital to continue Garware’s stay till the doctors treating him declare that he has fully recovered from the illness for which he was admitted, and only then could he be discharged.