LIFE Mission Case : Supreme Court Adjourns M Sivasankar's Bail Plea By Two Weeks After ED Seeks Time To File Response

The Supreme Court on Wednesday granted the Enforcement Directorate two weeks' time to file its response in the plea by M. Sivasankar, Former Principal Secretary to the Chief Minister of Kerala, seeking bail on medical grounds. Sivasankar had approached the Top Court seeking bail in a money laundering case in connection with the LIFE Mission corruption case on grounds of ill-health. LIFE (Livelihood, Inclusion and Financial Empowerment) Mission project is a housing project initiated by the Kerala Government for the homeless.When the matter came up before a division bench of Justice A S Bopanna and Justice M M Sundresh, Solicitor General Tushar Mehta informed the Court that they require some time to verify the facts and file their response. Senior Advocate Jaideep Gupta, assisted by Advocate-on-Record Manu Srinath, appearing for Sivasankar told the Court that Sivasankar's health was fast deteriorating. SG Tushar Mehta told that Court that Sivsankar was offered treatment in the government hospital which he refused, to which Sr. Adv. Jaideep Gupta responded that it was because the government hospital did not have adequate facilities. Justice Sundresh asked why Sivasankar was not ready for treatment at government hospital despite being a former government servant.The matter has been posted to the first week of August. The SLP was filed before the Apex Court challenging the Kerala High Court’s order which had rejected Sivasankar’s bail application earlier.Last week, Sivasankar withdrew his plea seeking interim bail before the Kerala High Court after the Court expressed disinclination to pass orders amid pendency of his SLP before the Supreme Court against refusal of regular bail. On 17th May, the Apex Court in the Special Leave Petition that was preferred by him, had granted him liberty to approach the special court for seeking interim bail in case of any kind of medical emergency, since the Apex Court was to close for summer vacation in a week. The Special Court however, declined his plea on the ground that he had failed to demonstrate any element of emergency to be released on bail.On 12th July, a single bench of the Kerala High Court had noted that Supreme Court was going on summer break and had therefore granted him liberty to approach special court in case of any medical emergency. Since the special court declined his plea, he had moved the High Court. However, since the Top Court has reopened, the High Court said it is doubtful whether it can consider Sivasankar's plea anymore."Whether this Court can consider at present - that is the doubt. Otherwise, I have no hesitation to pass any order. If I pass an order, that may be criticized on the ground that since the Supreme Court has reopened, how can the High Court interfere," the single judge had observed orally.Following this the petition before the High Court was withdrawn.Sivasankar has been in custody in connection with the Life Mission money laundering case, since his arrest by the Enforcement Directorate on February 14. On February 24, 2023, Sivasankar was remanded to judicial custody until March 8, 2023. Subsequently, the remand was extended and Sivasankar has been continuing under judicial custody.He had first sought bail from the Special PMLA Court at Kochi in February. His plea was however rejected on March 2 and his custody was extended till March 21, 2023. The bail application before the High Court was also dismissed on April 13, 2023. Subsequently, in the Special Leave Petition that was preferred by him, the Apex Court granted him liberty to approach the special court for seeking interim bail in case of any kind of medical emergency. The Special Court however, declined his plea on the ground that he had failed to demonstrate any element of emergency to be released on bail.Sivasankar seeks permission to be treated at a private hospital of his choice. During the hearing today, his counsel informed the Court that as per doctors of Government Medical College Hospital, Kottayam, there is no improvement in Sivasankar's health despite medical interventions. Even the surgery which he had to undergo could be fatal and therefore, it would be conducted only as a final resort.The High Court last week was faced with the question as to how far it could interfere in the matter, considering that the Supreme Court had resumed its functioning after the summer vacation. "The interim order was passed by the Supreme Court when it was about to close, in order to consider medical emergency. Now the Supreme Court is opened," the Court had said"This man will die at any moment. He is a walking time bomb. That is the issue here. We don't need other Rajan Pillais in our State. The percentage of Sivasankar's death is 90%... he is in a critical stage". Sivasankar's counsel had submitted before the High Court. The money laundering case emanates out of alleged illegal gratification obtained for awarding the contract work for the LIFE Mission's project for building 140 housing...

LIFE Mission Case : Supreme Court Adjourns M Sivasankar's Bail Plea By Two Weeks After ED Seeks Time To File Response

Sheryl Sebastian

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