Senior advocate Mukul Rohatgi, representing Wadhawan, submitted before a bench comprising Justices K.M. Joseph and Hrishikesh Roy that his client has undergone five surgeries and sought his immediate release on medical grounds. Additional Solicitor General S.V. Raju, representing the Enforcement Directorate, said he can be looked after in jail and opposed granting bail to Wadhawan.
The ED arrested Kapil Wadhawan and his brother Dheeraj Wadhawan under the provisions of the Prevention of Money Laundering Act (PMLA), after registration of a CBI FIR.
Rohatgi pressed that his client is entitled to go for treatment of his choice and requires constant medical attention which is not possible in jail.
Noting that it is trying to balance both claims, the bench said, “We feel that the applicant must be taken immediately and examined by doctors of various disciplines on the basis of medical reports”.
It added that to facilitate a proper report, the director of AIIMS should constitute a team of doctors required to carry out evaluation and a report should be submitted in the court within a week.
The apex court has scheduled the matter for further hearing on November 10.
The CBI had registered the case in connection with alleged suspicious loans granted by Yes Bank and the quid pro quo between its co-promoter Rana Kapoor and the Wadhawan brothers.
The investigation agencies have alleged that Rs 3,700 crore was invested by Yes Bank in short term non-convertible debentures of DHFL between April and June 2018.
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