LIFE Mission Case: Sivasankar Withdraws Plea For Bail On Medical Grounds After Kerala High Court Expresses He Should Approach Supreme Court

Former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar today withdrew his plea seeking interim bail in the Life Mission money laundering case on grounds of ill-health, after the Kerala High Court expressed disinclination to pass orders amid pendency of his SLP before the Supreme Court against refusal of regular bail.

Justice A. Badharudeen 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 moved the High Court. However, now that the Top Court has reopened, Justice Badharudeen 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 judge observed orally.

Following this the petition was withdrawn.

Sivasankar is 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.

The matter was first posted before the Single Judge Bench of Justice Kauser Edappagath. Upon ED's argument regarding the maintainability of the petition, it was subsequently posted before the Single Judge Bench of Justice Badharudeen. 

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 Court was however 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 said. 

To this, Sivasankar's counsel submitted, "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". 

However, the Court was of the view that the petitioner side ought to have apprised the Apex Court of the situation, upon its reopening. 

The counsel for the petitioner submitted that if legalities were given much importance, there was a chance that the petitioner would be fatally affected. "Every day, every minute is precious. The tentative posting at SC is on July 26, 2023. The surgery is a very dangerous one, which I want to get done at a specialist hospital," it was added. 

The Court also expressed its doubt as to whether it could look into new medical documents apart from the ones that had been delved into by the Special Court while dismissing his application.  "Senior Counsel, you please rethink again how the remedy is to be had," it said. 

Sivasankar's bail plea was moved through Senior Advocate P. Vijaya Bhanu, and Advocates George Varghese, Manu Srinath, Sruthy N. Bhat, and Nimesh Thomas.

Case Title: M. Sivasankar v. Directorate of Enforcement & Anr.

Citation: 2023 LiveLaw (Ker) 322