Supreme Court Grants Interim Bail To M Sivasankar For 2 Months On Medical Grounds

The Supreme Court on Wednesday granted interim bail to M Sivasankar, Former Principal Secretary to the Chief Minister of Kerala, for 2 Months 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.The interim bail was granted by a division bench of Justice A S Bopanna and Justice M M Sundresh, on the ground that he required surgery and post operative care. However, the Apex Court made it clear that he cannot visit any other place other than the hospital and his home, during the period of bail. "In the matter of the present nature where some post operative treatment is also required, we are of the view that the applicant be released on bail to avail medical treatment for 2 months. The applicant shall not go to any other place, except the vicinity of his hospital and his home." the Court dictated in its order.Solicitor General Tushar Mehta appearing for the Enforcement Directorate strongly opposed the bail stating that Sivasankar is very influential and releasing him on bail will impact the investigation. While in custody he can be taken to the hospital of his choice at his expense and whatever surgery is required can be undertaken, the SG suggested. 'We have bad experience of an interim bail ultimately becoming final bail. He can take treatment, but let him be in judicial custody ' he argued. Senior Advocate Jaideep Gupta, assisted by Advocate-on-Record Manu Srinath, appeared for Sivasankar submitted that Sivasankar's condition was serious and he requires decompression surgery on the spinal cord.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,"...

Supreme Court Grants Interim Bail To M Sivasankar For 2 Months On Medical Grounds

Sheryl Sebastian

Tags