1 wp1457.2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1457 OF 2011 Hasan Ali Khan ...Petitioner Versus Asst. Director of Enforcement Directorate & ors. ...Respondents Mr.Ishwariprasad A. Bagaria for petitioner. Mrs.Revati Mohite-Dere for respondent no.1. Dr. F.R. Shaikh, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. June 6, 2011. P.C. 1. Heard Mr.Bagaria, the learned counsel for the petitioner who seeks directions to the Superintendent, Arthur Road Central Prison, Mumbai to refer him to the St. George’s Hospital, Mumbai for medical examination and treatment. 2 wp1457.2011 2. As per the order passed by the learned Special Judge on 6th May 2011 and the order passed by this Court on 27th May 2011, the petitioner was referred to Sir J.J. Group of Hospitals at Mumbai for medical examination. Dr. Shaikh, the learned APP has placed before us the report dated 6/6/2011 submitted by the Superintendent, Mumbai Central Prison, Mumbai and as per the said report the petitioner was taken to Sir J.J. Group of Hospitals on 28/5/2011, 31/5/2011, 2/6/2011 and 4/6/2011 and on medical examination he was found to be in stable health condition. Mr. Bagaria, the learned counsel disputes the said report and he insisted that the petitioner must be taken to the St. George’s Hospital where he was earlier treated while in the custody of the Enforcement Directorate. 3. Dr.Shaikh, the larned APP, on instructions, states that the petitioner will be taken to the St. George’s Hospital, Mumbai tomorrow around 10 a.m. for medical examination. We direct the Superintendent of St. George’s Hospital to ensure that medical / clinical tests are carried out and in case so required, he may be hospitalized. While issuing these directions we have referred to the order passed by the Supreme Court on 21/3/2011 in Petition for Special Leave to Appeal (Criminal) No.2455 of 2011 and the last paragraph of the 3 wp1457.2011 said order reads as under: “The Solicitor General assures the Court that during the extended period of remand the authorities of Enforcement Directorate shall take full care of the respondent’s health and will also make it possible that the respondent/accused should get all his medicines in time. If the authorities feel the need, it will be open to them to have the health condition of the respondent/accused assessed by a competent doctor.” 4. Mrs. Mohite-Dere, learned counsel for the Respondent No.1 submitted that when the above quoted order was passed by the Supreme Court on 21/3/2011 the petitioner was in the custody of the Enforcement Directorate and presently he is in judicial custody and, therefore, the Superintendent of Central Prison, Mumbai will have to take all the necessary steps to ensure that the petitioner is in good health. 5. We have noted down the undertaking of Dr.Shaikh and we dispose off the 4 wp1457.2011 petition in terms of the directions given to the Superintendent of St. George’s Hospital. 6. A copy of this order shall be forwarded by the learned APP to the Superintendent, Central Prison, Mumbai as well as the Superintendent, St. George’s Hospital, Mumbai forthwith. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)