Agency instructed to admit Ali to St George Hospital
STAFF REPORTER/ AGENCIES Mumbai
The Bombay High Court today rapped the M
aharashtra government and the Enforcement Directorate for their alleged callous approach towards the health of Pune- based stud farm owner Hasan Ali Khan, accused of tax evasion and money laundering.
Hasan was taken to staterun J J Hospital last week following direction from the high court on a petition filed by him seeking immediate medical attention for ailments like diabetes, liver cirrhosis and partial renal problems he claimed to have been suffering from.
J J Hospital today filed a report before the court stating that Hasanalt39s condition is fine and stable and hence his admission there is not necessary.
" How can J J hospital say ( that) Hasan is fine when doctors from state- run St George Hospital say that he needs urgent treatment.
Hasan was taken to St George by the ED when he was in their custody," Hasanalt39s lawyer I A Bagaria argued. " Isnalt39t it EDalt39s responsibility to assure that Hasan is kept in good health? The agency might require him later for investigations. We need to see to it that he is healthy," a division bench of justices B H Marlapalle and U D Salvi observed.
The bench has now directed the authorities of Arthur Road jail, where Hasan is currently lodged, to take him to St Georges hospital tomorrow.
" We direct the superintendent of St George Hospital to ensure all medical tests are carried out and in case if required he may be hospitalised," Justice Marlapalle remarked.
The court meanwhile, while hearing another petition filed by Bagaria against appearance of the public prosecutors for ED without notification, the bench directed the investigating agency to file its reply within two weeks.
Bagaria had claimed that special laws like Prevention of Money Laundering Act ( PMLA) were required for the Central government to issue notification for appointment of public prosecutors and special public prosecutors. " Section 46 of PMLA specifies for notification to be issued.
However, in the Hasan Ali Khan case several lawyers have appeared for ED without the requisite notification. One of the lawyers, Nidhi Punde, has also filed applications on behalf of the agency," Bagaria argued.
The court, while giving the investigating agency time to file its reply, also directed Punde to not appear as public prosecutor or special public prosecutor in any proceedings in the lower courts pending hearing of Bagariaalt39s petition.
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