New Delhi:The central agencies on Friday minced no words before the Supreme Court in criticising high-profile politicians out on medical bail. Investigating agencies cited instances of high-profile politicians like former Delhi minister Satyendra Kumar Jain and Lalu Prasad in this regard.
In the case of Jain, the Enforcement Directorate said it could take him to a swimming pool if it is part of his physical therapy while vehemently opposing any further extension of bail for Jain on medical grounds.
Additional solicitor general S V Raju, representing the ED, before a bench comprising AS Bopanna and MM Sundresh strongly opposed any further extension of medical bail for Jain and asked the court to direct him to surrender and fix the matter for hearing.
Raju said Jain wants a swimming pool in jail, not everybody can afford this, and “if that’s part of his physical therapy we can take him to a swimming pool….”. Senior advocate A M Singhvi, representing Jain, submitted that his client is undergoing rehabilitation after a crucial spinal operation. Raju asked the court to see the medical advice given to Jain, “shower standing, showers are usually had standing….”.
In a lighter vein, the bench said, “What to do? If he does physiotherapy in jail, you’ll take photos and publish them…..”. Raju said, “ We will take him to the swimming pool for physiotherapy….”.
Raju said nothing in the medical report shown by him warrants an extension of bail even by a day and he should be treated as any ordinary petitioner.
The top court was shown a medical condition report which suggested that after his spinal operation on July 21, he was recuperating and was advised physiotherapy, and aquatic exercises, apart from restrictions on body movements.
After hearing submissions, the top court extended the medical bail granted to Jain till September 1. On May 26, Jain was granted interim bail, which had been extended by the court on earlier occasions considering his medical condition.
The Central Bureau of Investigation (CBI) Friday contended before the Supreme Court that RJD president Lalu Prasad was playing badminton after being granted bail in a fodder scam case on medical grounds.
Additional Solicitor General S V Raju, representing the CBI, submitted before a bench comprising justices AS Bopanna and M M Sundresh that the Jharkhand High Court order granting bail to Prasad was “bad in law” and “erroneous” while pressing for cancellation of bail granted to Prasad in the Doranda treasury case in which he has been sentenced to five years in prison.
Senior advocate Kapil Sibal, representing Prasad, said his client has undergone kidney transplant surgery while opposing the CBI’s plea, and emphasized that Prasad has already served 42 months of imprisonment in the case. Raju submitted, “He is playing badminton. He has been granted bail after conviction in the case. I will demonstrate that the high court order is bad in toto…..”.
The CBI moved the apex court seeking the cancellation of Prasad’s bail in the Doranda treasury case. Raju contended that the bail had been granted on the erroneous assumption that he has spent more than 3.5 years considering that sentences are concurrent and not consecutive.
After hearing submissions, the apex court adjourned the matter to October 17. Prasad, in his response to CBI’s plea, said the contentions put forth by CBI “are patently erroneous, misconceived, and meritless, and deserve to be rejected by this court”.
In an affidavit, Lalu’s contended that at the outset, the petition under response seeks to challenge a bail order suspending the sentence on the ground that half the period of the sentence has been spent in custody, which by its very nature is an discretionary order and ought not to be interfered with only if the conditions of bail have been violated.
RJD’s chief said the CBI's plea against the Jharkhand High Court's order ignored the settled position of law, which required "overwhelming circumstances are necessary to reverse an order granting bail".
“The Respondent respectfully submits that the above contentions put forth by the Petitioner are patently erroneous, misconceived and meritless and deserve to be rejected by this Hon'ble Court….”, said Lalu’s plea.
Yadav said he has been undergoing treatment for different life-threatening ailments and has also undergone a kidney transplant on 5th December 2022 at Centre for Kidney Diseases PTE Ltd, Singapore wherein he was strongly advised to take precautions otherwise it may turn fatal. “Furthermore, placing reliance on a chart to indicate the period spent in the hospital after conviction is wholly mischievous. The Respondent has had to undergo very serious surgery, namely a kidney transplant on December 5th 2022, and also developed UTI”, said Prasad’s plea.
The high court granted bail to Prasad, 75, on April 22, 2022, in the Doranda treasury embezzlement case. Prasad has so far been sentenced in five cases of the Rs 950 crore fodder scam, which took place between 1992 and 1995 when he was the Bihar chief minister and held the finance and animal husbandry portfolios.
