In a aid to jailed and insurgent YSR Congress MP Ok Raghu Ramakrishna Raju, the Supreme Court Monday ordered his forthwith switch to the Army hospital at Secunderabad in neighbouring Telangana for medical examination and hospitalization until additional orders in a sedition case filed by Andhra Pradesh police towards him.
Raju, who’s the Lok Sabha MP from Narsapuram parliamentary constituency in Andhra Pradesh, alleged that the sedition case has been lodged towards him by state police “because of political vendetta” as he has been criticizing “the action of his own party”.
A trip bench comprising Justices Vineet Saran and B R Gavai heard two appeals of the insurgent YSR Congress MP and ordered the Chief Secretary of Andhra Pradesh to make sure his switch to Secunderabad Army hospital throughout the day itself underneath Y-category safety cowl the place he can be examined by a group of three medical doctors to be appointed by the pinnacle of the hospital.
The total medical examination course of can be video graphed and supervised by a judicial officer to be nominated by the Chief Justice of the Telangana High Court, the apex courtroom mentioned.
The high courtroom, in its order, thought-about the information and circumstances that Raju has undergone coronary heart “by-pass surgery very recently” and his accidents have been seen within the medical report and handed a slew of instructions to the state police.
“The petitioner…shall forthwith be taken to the Army Hospital Secunderabad for medical examination. The Y category security, provided under orders of the Delhi High Court, shall escort him only till the Army Hospital and need not be present at the time of medical examination,” the bench mentioned within the order.
The medical examination of Raju shall be carried out by the medical board of three medical doctors of the hospital to be constituted by the pinnacle of the Army Hospital, it mentioned, including, “Raju be medically examined in the presence of a Judicial Officer, who may be nominated by the Chief Justice of the Telangana High Court.”
“The proceedings of medical examination of Raju shall be videographed and be submitted to the Registrar General of the Telangana High Court in a sealed cover for being transmitted to this Court,” the order mentioned.
The high courtroom directed the lawmaker shall be admitted within the hospital and stay there for medical care till additional orders, which shall be handled as judicial custody of him and “the expenses, if any, for hospitalization in the Army Hospital shall be borne by the petitioner.”
The bench was listening to two appeals, together with one by Raju, towards the Andhra Pradesh High Court order dismissing his bail and asking him to go to applicable discussion board for the aid. In the second enchantment, his son Ok Bharath has sought Raju’s medical examination by a non-public hospital.
The high courtroom requested the state authorities to file its reply on the appeals by May 19 and posted the matter for additional listening to on May 21.
The bench directed the registry that the order be despatched by means of e-mail to the chief secretary of Andhra Pradesh, the High Courts of Andhra Pradesh and Telangana moreover asking the highest bureaucrat of the state (AP) to make sure compliance of the order.
During the listening to, senior advocate Mukul Rohatgi, showing for the YSR Congress MP, mentioned that he was looking for two issues — ad-interim bail and his medical examination by a impartial hospital.
Rohatgi mentioned it’s a matter of “some extraordinary proportion” because the sitting MP is essential of the celebration management and the state authorities for a while.
“The MP is critical of the Chief Minister,” he mentioned, including that final yr he needed to move the Delhi High Court for safety as there was menace to his life.
At the outset, senior advocate Dushyant Dave, showing for the state, requested the matter be saved for listening to on Friday in order that he can file a brief reply.
Rohatgi argued there aren’t any allegations that the MP had incited any riot.
“The MP is critical of the state government’s handling of COVID. Along with him, FIR also names two TV media channels,” he argued, including that part of sedition has been added within the FIR in order that the accused can not get bail.
Rohatgi claimed that the MP was “beaten and tortured” by the police and when he was produced earlier than the trial courtroom, the Justice of the Peace had discovered some accidents on his ft and ordered that he be examined in hospital.
“Today, he should be examined by a private or a neutral hospital or at Army hospital,” he mentioned.
Dave mentioned he has no downside if the MP is examined by a medical board.
“Let him be examined at the All India Institute of Medical Sciences (AIIMS), Mangalagiri,” Dave mentioned, including, “It may not be appropriate to use Army hospital. AIIMS is there”.
The bench noticed, “Army hospital is not under either the state or the Central government. Army hospital will be a neutral hospital”.
Dave mentioned the authorities would take the MP to the AIIMS and if the apex courtroom feels, he may very well be examined within the presence of a judicial officer.
Solicitor General Tushar Mehta informed the bench that he has no objection, if Raju is medically examined at AIIMS, New Delhi or another authorities hospital and mentioned that it’ll not be applicable if Army hospital is roped in because it a political matter.
On May 15, the CID, which arrested Raju on varied costs, together with sedition, additionally named two media homes and “others” as accused within the case.
They have been charged underneath Sections 124A (sedition), 153A (selling enmity between completely different teams), 505 (statements conducing public mischief) learn with 120B (conspiracy) of IPC.