PMLA court rejects DHFL-Yes Bank case accused Wadhawan brothers’ plea of transfer to Arthur Road Jail

PMLA court rejects DHFL-Yes Bank case accused Wadhawan brothers’ plea of transfer to Arthur Road Jail

The judge assured that Taloja Central Prison would take utmost care of their health

The Prevention of Money Laundering court in Mumbai has extended the remand of Dewan Housing Finance Limited (DHFL) promoters Kapil Wadhawan and Dheeraj Wadhawan, till June 20. The two are in judicial custody following their arrest in the Yes Bank loan scam case of Rs.3,700 crores.

The Wadhawans had requested the special court, constituted under the Prevention of Money Laundering Act (PMLA), to transfer them to Arthur Road Jail instead of the Taloja Central Prison.

However, rejecting the request, the special judge MG Deshpande stated, “Basically, which jail the accused under judicial custody have to be kept, is a question to be dealt with by jail authorities. If the prayer of each and every accused person is considered, like in the present case, it will unnecessarily cause interference in the jail administration.”

Meanwhile, the jail authorities informed the court about the lack of space in Arthur Jail and how Taloja Prison would be better equipped to accommodate the accused.

“The Superintendent, Arthur Road, has been repeatedly communicating to this court how the jail is overcrowded by undertrial prisoners (triple the basic prescribed strength). Admittedly, the two accused persons were in Taloja Jail right from the beginning (2020) till their transfer to Delhi,” the court noted.

Appearing for the accused, Senior Advocate Aabad Ponda argued that one of the accused was under treatment at the All India Institute of Medical Sciences (AIIMS), New Delhi.

Still, the court was unconvinced by the submission. It noted that both the accused had been produced from Tihar and not from AIIMS.

The judge further noticed that while in Taloja Jail, Dheeraj was lodged in a private hospital for a long time. After confirming his reports, he had to be discharged on the orders of a Mumbai court.

The court observed, “When they were in Taloja Jail, one of them had consumed maximum period of his judicial custody in Kokilaben Hospital. Ultimately, this court was constrained to call all high-level doctors of the hospital and directed them to file an affidavit. Thereafter, he was immediately discharged."

While disposing of the plea, the court added that Taloja Prison would take utmost care of the health of the accused.