Andhra Pradesh High Court Grants Interim Bail On Medical Grounds To Former CM Chandrababu Naidu Arrested In Skill Development Scam Case

Andhra Pradesh High Court has granted 4 weeks interim bail to former Chief Minister Nara Chandrababu Naidu on medical grounds. He claimed he was recommended to undergo Cataract surgery in the right eye, back in June.Refusing to disbelieve this submission in the absence of any conflicting medical report indicating that his surgery is unnecessary, Justice T. Mallikarjun Rao said,"This Court views that it would be unreasonable for a prudent individual to seek Cataract surgery solely for the purpose of obtaining bail. If that is so, the petitioner need not have waited till 25.10.2023 to come up with this petition. Considering the petitioner's age, this Court finds that it is quite probable to suffer from such old age ailments. There is no material casting doubt on the authenticity of the certificates relied on by the petitioner."The bench emphasized that every individual has the right to effective medical care, and that interim bail should not be restricted when a person's immediate life is in peril. "Every individual has the inherent right to receive comprehensive and effective medical care. This Court firmly upholds the belief that individuals in custody with serious health issues should be granted access to adequate and effective medical treatment. The exercise of discretion in granting interim bail on medical grounds should not be restricted to circumstances where the person's life is in immediate peril."Naidu has been in Rajamundry jail for over 50 days in connection with the Skill development scam case. He was arrested on September 9 with the state crime investigation department claiming to have prima facie evidence of the former chief minister’s key role in the alleged embezzlement of around Rs 371 crore from the Andhra Pradesh Skill Development Corporation through fictitious companies during the Telugu Desam Party's rule between 2014 and 2019. Last month, the Andhra Pradesh High Court dismissed Naidu’s plea for quashing of the first information report (FIR) in which he argued that the trial court’s order remanding him to custody did not consider that the CID had failed to obtain prior approval from the governor, as required by Section 17A of the Prevention of Corruption Act.A bench of Justice K Sreenivas Reddy ruled that prior sanction from the competent authority was unnecessary for the investigation since the use of public funds, allegedly for personal gain, did not constitute an act in the discharge of official duties. The court also agreed that given the seriousness of economic offences, the investigation should not be hindered, especially at this early stage.A special leave petition against this order is pending before the Supreme Court.High Court said pendency of Naidu's SLP will not preclude him from moving an application for interim bail before the High Court. "Special Leave Petition to challenge the F.I.R. does not preclude him from seeking bail from either the Special Court or the High Court. It is nobody’s case that an application has been moved on behalf of the petitioner seeking interim bail on the health grounds and has been pending for consideration before the Hon’ble Apex Court."The Counsel on behalf of Naidu had contended that on account of being 73 years old, he had developed ailments and needed appropriate medical care which could not be provided to him with the prison compound.It was further contended that during the period of remand Naidu had developed Erythematous Papular Rash over his front chest, back palms and on intergluteal region and is a known case Diabetes Mellitus from 15 years. Further that upon getting checked, the team of Government Doctors had advised a series of tests and Naidu wished to take the tests from the doctors of his choice. "The above tests include the tests of vital organs like heart and lungs. As such, the petitioner seeks for interim bail," it was contended.Lastly it was brought to the notice of the Court, that Naidu had undergone cataract surgery in June 2023 of the left eye and was advised to operate the right eye at the earliest. A series of letters from reputed medical practitioners and hospitals was relied on by Naidu to substantiate his claim.The prosecution on the other hand claimed that there was no evident deterioration in Naidu's condition, that he was under constant observation by CCTVs and emphasized that all required tests could be conducted within the prison premises by expert State appointed Doctors.It was suggested by the prosecution that Naidu appear before a medical board to ascertain his health. The prosecution also brought to the attention of the Court that Dr B. Srinivasa Rao, Civil Surgeon Specialist, Government Hospital, who had certified that Naidu needs instant eye surgery on the 25th October, had altered his statement on the same day saying that the cataract was still in its initial stages.The Bench after hearing the arguments the Court held, "This Court places the health and well-being of an individual as the foremost...

Andhra Pradesh High Court Grants Interim Bail On Medical Grounds To Former CM Chandrababu Naidu Arrested In Skill Development Scam Case

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