Following expose on Wadhawans, Bombay High Court seeks report from prison

Hearing a case related to former Dewan Housing Finance Ltd (DHFL) promoters Kapil Wadhawan and Dheeraj Wadhawan, the Bombay High Court on Saturday asked prison authorities at Taloja Central Prison to furnish some reports.

The court asked the jail authorities to provide the 'action taken report' and the 'confidential/most urgent application', filed by Deputy Inspector General (Prison) when he sought permission to transfer Kapil Wadhawan from Taloja jail to Nashik prison.

The Wadhawans were arrested in an alleged Yes Bank fraud case, for committing financial fraud worth more than Rs 30,000 crore.

Following an India Today investigation that showed the Wadhawans meeting family, having outside food and using electronic gadgets, during hospital visits, the Taloja prison authorities initiated an enquiry.

The enquiry found that Kapil Wadhawan was taken to hospitals on a number of occasions despite having no illness.

Kapil was then transferred to the Nashik prison following a September 1 order of the special PMLA court. But prior to that, he had filed a plea before the Bombay High Court seeking permission for homemade food and some other amenities.

Along with that, he was seeking a transfer to the Arthur Road prison from Taloja jail as it would be closer to his home.

Advocate Vijay Aggarwal, representing Wadhawan, sought an adjournment of Kapil's application but sought that his brother Dheeraj's application for homemade be heard.

While he was requesting so, special public prosecutor AM Chimalkar, appearing for CBI, furnished the order of the special PMLA court.

Chimalkar said, "There is a report based on which Kapil was transferred but it is with respect to both Dheeraj and Kapil Wadhawan. The enquiry by prison officials is underway. Seven escort party members have been suspended from duty."

Justice Bharti Dangre, after going through the 8-page order, noted that while the application was only for Kapil's transfer, it mentioned Dheeraj as well.

However, Agarwal submitted, "The man is seriously ill, undoubtedly. I saw him when he was in Delhi. Despite this, the jail authorities are not taking him to the hospital."

To this, Chimalkar countered, "They get some discretionary order from court, which is then misused."

At this, Justice Dangre said, "The court's endeavour is always to give basic necessities to the accused in prison. The court will not allow indulgence in luxury items being sought."

The bench asked the prosecutor present in court to furnish details of the enquiry report but he said that he would have to take instructions.

To this, the bench said, "You don't read newspapers? Anyway, this television report is part of a judicial order. Please ascertain what action has been taken at the jail level."

The bench will further hear Dheeraj Wadhawan's plea on September 11.