The Bombay High Court on Friday directed the Arthur Road Prison authorities to take incarcerated builder Yusuf Lakdawala to Tata Memorial Hospital for conducting certain tests to check relapse of life-threatening disease.
A division bench of Justice SS Shinde and Justice NJ Jamdar directed the jail authorities while hearing a petition filed by Lakdawala seeking bail to undergo tests as prescribed by his doctor to check for relapse of cancer for which he had undergone treatment in 2009.
Abhinav Chandrachud, Lakdawala’s counsel, argued that the builder had undergone treatment for cancer in 2009 and 2015. “On July 14, his doctor prescribed that he undergo three tests to determine whether cancer had relapsed. He had suffered from prostate cancer and undergone treatment,” argued Chandrachud.
While seeking bail, Chandrachud informed the court that Lakdawala’s regular bail application was pending before the single judge of the HC. However, the single judge had given liberty to file a writ petition before the division bench seeking bail on medical grounds. The bail before the single judge is challenging the order of special court under the Prevention of Money Laundering Act.
Hiten Venegavkar, counsel for the Enforcement Directorate (ED) suggested that instead of granting bail, the court can direct the jail authorities to take Lakdawala to Tata Memorial Hospital.
Agreeing public prosecutor Aruna Pai said that she will communicate the HC order to Superintendent of Arthur Road Prison to do the needful.
Lakdawala’s wife, Sabina, sought to file intervention application in the case which was allowed by the HC.
Directing the jail authorities to take Lakdawala to Tata Memorial Hospital, the HC have asked that the medical report be then submitted to the HC Registry.
Lakdawala’s bail petition has been kept for further hearing on August 4.
