A 70-year-old UK national, accused in a Saki Naka land scam case, was being allowed by the Bombay High Court (HC) on Friday to travel to his home country for medical treatment. The UK citizen has to undergo a bypass surgery. But Sir JJ Hospital reported about his medical condition that it could not be confirmed whether he needed the operation.
The court gave its verdict relying upon a colour doppler test – a test that calculates the speed and direction of blood flow in a vessel by bouncing off high-frequency waves off blood cells. The test was conducted on March 18, 2019.
Nazir Mussa, the accused, was granted two months to travel, under the condition of returning earlier if required by police. The division bench of justices B P Dharmadhikari and P D Naik gave the decision.
In 2000, Mussa, along with an Indian and a Canadian, had launched a company to purchase land in Andheri.
In 2013, the Indian partner, claiming that Mussa had forged net worth certificates to facilitate bank loans and increase his and the Canadian partner’s share, lodged a complaint with the city’s Economic Offences Wing (EOW), against Mussa.
Shoaib Memon – Mussa’s advocate, reported the bench of justices B P Dharmadhikari and P D Naik that according to the colour doppler test there are several blockages near his heart; so he should be allowed to travel to his home country for the bypass surgery, contended Memon.
Considering the seriousness of Mussa’s condition, he should be allowed to travel, said the advocate. Memon also indicated that the HC had directed EOW to complete investigations by February 2019, which was failed by the agency.
Countering the appeal, the state cited that Sir JJ Hospital had not given an opinion on the need for surgery after taking a look at his medical report. However, the HC bench ruled in favour of Mussa.
Finally he had been allowed to fly to his country to be hospitalized under the condition of filing an affidavit outlining details of his travel dates, surgery and his contact details, as well as reporting to the Indian embassy in UK on the first working day of the month.
