New Delhi: The Supreme Court on Wednesday granted interim bail to M Sivasankar, the former principal secretary to Kerala chief minister Pinarayi Vijayan, for two months on medical grounds.
Sivasankar had moved the apex court seeking bail in a money laundering scandal in connection with the LIFE Mission corruption case on grounds of ill-health.
LIFE (Livelihood, Inclusion and Financial Empowerment) Mission is a housing project initiated by the Kerala government for the homeless.
Interim bail was granted by a division bench of justices A S Bopanna and M M Sundresh, on the ground that he required surgery and post operative care.
However, the SC 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 two months. The applicant shall not go to any other place, except the vicinity of his hospital and his home," the court said 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 and submitted that Sivasankar's condition was serious and he requires decompression surgery on the spinal cord.
Sivasankar seeks permission to be treated at a private hospital of his choice. During the hearing, 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.
“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... he is in a critical stage," Sivasankar's counsel submitted before the high court.
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.
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.
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 units in Thrissur district utilizing the funds donated by UAE Red Crescent, that was meant for the flood victims of Kerala.
(With LiveLaw inputs.)
