MUMBAI: A 98-year-old former chairman and managing director of Bank of Maharashtra has been declared medically unfit to stand trial in a 30-year-old bank fraud case, with a special CBI court postponing proceedings against him for six months after a medical board diagnosed him with Alzheimer’s-related dementia.
Event Context
Special judge P B Ghuge relied on the evaluation done by a medical board at B J Government Medical College and Sassoon Hospital, Pune, which diagnosed the accused, Dr Moreshwar Vaman Patwardhan, with “dementia due to Alzheimer disease” and visual impairment due to optic atrophy.
The medical board concluded that he was incapable of facing trial because of the “nature and severity of his illness”.
The court observed that Patwardhan, who had sought postponement of the proceedings on grounds of permanent physical and mental incapacity, was not in a position to defend himself because of his advanced age and deteriorating mental health.
“It appears that on account of the old age of more than 98 years, coupled with the mental ailment, he does not appear to be sound to face the trial by defending his rights,” the judge said.
While staying proceedings against Patwardhan for another six months, the court allowed the trial against the remaining accused to continue.
The court also directed his daughter, Suvarna Patwardhan, to oversee his treatment, ensure periodic psychiatric evaluations and submit an updated medical report by January 18 next year. It has also directed the Sassoon Hospital to conduct another psychiatric assessment before then.
The order noted that Patwardhan had earlier also been found incapable of defending himself because of unsoundness of mind, leading to postponement of the trial. However, the court had rejected his application seeking discharge from the case.
The prosecution left the issue to the court’s discretion. In its reply, the CBI stated that “appropriate order may be passed in the light of the medical opinion so received and keeping in view the interest of justice”.
The case dates back to a 1996 CBI investigation into alleged irregularities in loans sanctioned by Bank of Maharashtra to the Stretch Fibres group. Patwardhan and several former bank officials face charges of criminal conspiracy, cheating, forgery and corruption.
In 2007, the Bombay high court had refused to discharge him from the case, holding that there was sufficient prima facie material for the prosecution to proceed.
