HC slams state’s ‘soft’ approach in Lahoria case

Rosy Sequeira SEPTEMBER15,2013
IMPACT

Mumbai: The Bombay high court on Friday lambasted the state for going “soft” on Suresh Bijlani, the prime accused in the murder of Navi Mumbai builder Sunil Lahoria. Bijlani had got himself admitted to a hospital after his arrest. TOI has been following this case, and on September 3, published a photo showing Bijlani speaking on a cellphone in hospital.
    Adivision bench of Justice S C Dharmadhikari and Justice Gautam Patel heard a petition by Lahoria’s son Sandeep challenging the Thane sessions court’s August 14 order to take Bijlani to hospital for treating his knee pain. His advocate Himanshu Kode argued that under the guise of treatment, Bijlani got himself admitted to the Thane civil hospital and “is enjoying all facilities like mobile phones, having meetings with office associates and travelling to court by Mercedes Benz”. He said due to police inaction on his complaint, Sandeep has moved the HC.
    Prosecutor Jayesh Yagnik said Bijlani’s medical record is before the sessions court, which is probing his health status.
    When Yagnik submitted written instructions, Justice Dharmadhikari remarked, “You are saying you will present to the sessions court how he is feigning illness. A person who has committed a serious crime gets admitted to hospital. You want the court to pass order enabling you to get the person from the hospital?”
    Yagnik said the lower court’s hearing on Bijlani’s medical condition is on September 21. “Simply put, it enables the accused to stay one more week in hospital,” said Justice Dharmadhikari. “Is it some special favour being done for this guy?” asked Justice Patel. Yagnik said interrogating an accused in hospital has restrictions. Justice Dharmadhikari said, “We are not suggesting you barge into the hospital.”
    To the court’s query, Yagnik said Bijlani has been in hospital for “one week”. But Kode said he has been admitted “since more than three weeks”. Justice Dharmadhikari asked, “You’ll wait with folded hands? You’ll not do anything? Or will you give the same facility to all citizens who get arrested?”
    The judges said they will make this a test case. “These are serious issues. Crime is against society. There is larger public interest at stake. It’s not an individual thing,” said Justice Dharmadhikari. “No more 5-star treatment for certain privileged people,” said Justice Patel. On September 16, the court will be told what steps cops will take on Sandeep’s plaint.