Life Mission Case: Sivasankar Approaches Kerala High Court Again Seeking Interim Bail To Avail Treatment At Private Hospital

The former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar, has once again approached the Kerala High Court seeking interim bail for a period of 3 months, on grounds of ill-health and to avail treatment at a private hospital of his choice. The plea has been moved after Special Court declined him bail.

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 claims to be suffering from chronic spine related, respiratory and knee problems which require urgent medical attention.

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.

Thereafter, Sivasankar had moved a bail application before the High Court, alleging the arrest to be a "political stunt" and claiming that there was no direct allegation against him. He termed the entire case as a "political hit job by the Enforcement Directorate" using the professional privity he had with the Chief Minister of Kerala. The High Court dismissed this plea vide its order dated April 13, 2023. The Court had observed that although Sivasankar could not be regarded as a person who would flee from trial, "...his propensity to tamper with the evidence and to influence witnesses could be foreseeable, since the petitioner is a person having very much influence in the ruling party of Kerala, particularly with the Chief Minister of Kerala".

Sivasankar had subsequently preferred a Special Leave Petition before the Apex Court, which granted him liberty to approach the special court for seeking interim bail in case of any kind of medical emergency. "...The petitioner has moved the Court seeking bail on medical grounds. According to the standing counsel for the Respondent, this aspect has been considered by both the courts below. However, we are of the view that in case of any emergency, it will be open to the petitioner to approach the special court on this aspect in the interim.....," the Bench had observed. 

Thereafter, Sivasankar had moved an interim bail application before the Special Court on the grounds of ill health and underlying medical emergency. He pleaded that he was suffering from various ailments. and had to be admitted to a multi-specialty health centre/hospital for his current spine/knee problems. 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 present plea avers that the Special Court failed to consider the medical documents properly which aver that he suffers from chronic spine related, respiratory and knee problems which require urgent medical attention. 

Sivasankar submitted that his condition worsened due to the lack of any treatment. It was added that upon worsening of the his health and on noticing grave symptoms of his spine and knee, the prison authorities took him to Government Medical College, Kalamassery where the doctors recommended Sivasankar to be taken to Government Medical College, Kottayam, for further diagnosis and treatment, citing insufficiency of facilities at the District Jail.

Accordingly, the Special Court permitted his transfer to the Government Medical College, Kottayam.

Sivasankar says he does not want to travel to Kottayam "in his present condition" and he is "scared" to undergo treatment in the Government Medical College considering his high risk health profile and "limitations in post-operative rehabilitation without family support".

It is in this context that the present plea has been moved for setting aside the Special Court's order rejecting interim bail. The 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.