The Supreme Court bench of Justices Vineet Saran and B.R. Gavai on Monday ordered that YSR Congress Lok Sabha MP Kanumuri Raghurama Krishnam Raju, who has been arrested by Andhra Pradesh CID on sedition charges, should be taken to the Army Hospital in Secunderabad, Telangana where a committee of three doctors will examine his injuries. The examination shall be videographed and sent to the High Court of Telangana..
The court also ordered that the petitioner will be kept in the hospital till further orders and the same shall be treated like a judicial custody.
Raju has challenged the Andhra Pradesh High Court‘s dismissal of his bail application. The leader has been booked under Sections124-A, 153-A, and 505 read with 120- B of the Indian Penal Code (IPC).
Senior Advocate Mukul Rohatgi represented Raju, while Senior Advocate Dushyant Dave appeared for the state of Andhra Pradesh.
During the hearing, Dave said: “I will place a short affidavit on Friday. Kindly keep it on Friday.”
Rohatgi: “I am seeking interim bail and medical examination. He is a sitting MP of the ruling party. Last year he got security, because he was getting death threats. There is no incidence that my client has ever said anything which is derogatory against any community. There is no FIR from anybody.”
Rohatgi continued: “On May 14 – it was, incidentally, the birthday of petitioner – he was at his home. He was arrested by 40 policemen from his home. He was then taken into police custody and he was beaten in police custody. The magistrate has also recorded that injuries has been sustained by the petitioner.
“The matter was moved in the high court for bail. The high court said that this court, as well as the sessions court, have concurrent jurisdiction,” Rohatgi continued.
“The high court said that this court is not inclined to entertain this petition directly without moving the same before the trial Judge, where the entire material including remand report will be available on his production.”
Rohatgi added: “The medical examination should be allowed to be conducted by a private hospital because in government hospitals the officials are influenced by the state government. Suo motu case based on the inquiry DGCI is bogus.”
Dave: “I am saying keep it on Friday. I am asking for little accommodation. Let me say something in favour of Mr Rohatgi. Let him examine at AIIMS, I have objection in private hospital as many people have been died there.”
Justice Saran: “Are there any Army hospitals?”
Dave: “It would not be appropriate to use army hospitals. AIIMS is not under the state government. It is under the central government. It is a completely neutral hospital. It is a serious case. I request you to keep the matter on Friday we will have him examined by doctors of AIIMS. I am not saying that the right of a citizen shall be curtailed.”
Advocate B. Adinarayana Rao, appearing for the petitioner, submitted that the nearest army hospital is in Secunderabad. “There is a naval hospital in Vishakhapatnam which is near,” he said.
Rao also pointed out: “Vishakhapatam is under the threat of the cyclone. Therefore the best hospital is the military hospital in Secunderabad.”
The bench said: “What we propose is that you ensure that a proper email is sent to the Attorney-General.
Dave: “There is a Manipal hospital which is nearby. It’s a very good hospital.”
It was pointed out that the Manipal hospital was in Vijayawada.
Rohatgi: “It may be best that AIIMS, New Delhi examines him. With regard to private hospitals, many people have their own reservations. I don’t want to opine on where the examination should be done; I am only concerned that truth should come out. I have applied for bail. There are 35 cases pending against him from ED and other government agencies. Let the petitioner be examined by the AIIMS. He will come here at his own expense. Let the petitioner be under house arrest at his residence in Delhi.”
Bench: “The examination shall be done in a fair manner at a neutral place, in the presence of a judicial officer.”
Rao: “Let the petitioner be examined till Friday and let him remain in the hospital till his examination.”
Dave: “This is not acceptable. I am opposing that he should be kept in hospital till Friday. Just because he is alleging that some political rivalry is there, it is not sufficient. He has been charged with sedition which is serious charge. Therefore, he should not be allowed to remain in hospital till Friday. He should remain in police custody.”
Rao: “He is badly injured. He is not even able to walk.”