Life Mission Case: ED Challenges Maintainability Of Sivasankar's Plea In Kerala High Court Seeking Interim Bail On Medical Grounds

The Kerala High Court on Monday directed that the plea filed by M. Sivasankar, former Principal Secretary to the Chief Minister of Kerala and accused in the Life Mission case, seeking interim bail on grounds of ill-health be posted before the roster Bench.

Justice Kauser Edappagat passed the Order on the submission made by the DSG appearing on behalf of the Enforcement Directorate (ED) that the present application was not maintainable. 

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.

Sivasankar 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.

During the hearing today, the DSG submitted that the Supreme Court had granted Sivasankar liberty to approach the special court for seeking interim bail in case of medical emergency only because the Apex Court was closing for summer vacation. "Even now, the SLP is pending. This situation was made only because the SC was closing for Summer vacation. So it was only for a narrow, limited purpose that this Order was passed," he argued. 

However, the Court perused Sivasankar's medical records which apparently revealed about his serious ill health. "This medical board was constituted at the instance of the Medical Superintendent of the Jail. Why should I disbelieve? How can you challenge it? I can’t sit on judgment over this report. You can’t argue on it, either," it observed. 

Justice Edappagath went on to clarify that the Apex Court was considering the challenge against the dismissal of the bail application, whereas it had granted liberty to the trial court and the High Court to consider interim bail in case an emergency arises, and that it was hence, two different situations. 

To this, the DSG proceeded to submit that once the Special Court has rejected a bail application, the petitioner would have to approach the High Court by invoking the powers under Section 439 (Special powers of High Court or Court of Session regarding bail). He added that in the instant case however, Sivasankar had presented the application under Section 482, invoking the inherent powers of the High Court. 

"And granting such reliefs under Section 482 is repeatedly deprecated by the Supreme Court. When there are specific provisions for granting bail under Section 439, it cannot be granted under Section 482. What prevents him from moving Supreme Court?," the Counsel argued. 

The Court was thus of the opinion that since the argument regarding maintainability had been raised, the matter would have to be posted before the appropriate Bench. 

"If DSG has some reservation for hearing the matter under 482, I cannot hear it. I will not do it. I have no concern about this, but it appears to be a genuine case, that's all...It's not fair I hear it. I expressed my view also. And after that if such a submission is made, it would not be fair for me to hear it. I have accepted your argument (regarding maintainability), so I will not hear it now," the Court remarked. 

It then directed the Registry to post the matter before the appropriate Bench tomorrow after getting permission from the Chief Justice. 

Sivasankar's plea has been 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.