Sedition case: SC transfers insurgent YSRCP MP to Telangana’s Army hospital for medical examination

In a aid to jailed and insurgent YSR Congress MP Okay Raghu Ramakrishna Raju, the Supreme Court Monday ordered his forthwith switch to the Army hospital at Secunderabad in neighbouring Telangana for medical examination and hospitalization until additional orders in a sedition case filed by Andhra Pradesh police in opposition to him.
Raju, who’s the Lok Sabha MP from Narsapuram parliamentary constituency in Andhra Pradesh, alleged that the sedition case has been lodged in opposition to him by state police “because of political vendetta” as he has been criticizing “the action of his own party”.
A trip bench comprising Justices Vineet Saran and B R Gavai heard two appeals of the insurgent YSR Congress MP and ordered the Chief Secretary of Andhra Pradesh to make sure his switch to Secunderabad Army hospital throughout the day itself below Y-category safety cowl the place he could be examined by a group of three docs to be appointed by the top of the hospital.
The total medical examination course of could be video graphed and supervised by a judicial officer to be nominated by the Chief Justice of the Telangana High Court, the apex courtroom stated.
The prime courtroom, in its order, thought of the information and circumstances that Raju has undergone coronary heart “by-pass surgery very recently” and his accidents had been observed within the medical report and handed a slew of instructions to the state police.
“The petitioner…shall forthwith be taken to the Army Hospital Secunderabad for medical examination. The Y category security, provided under orders of the Delhi High Court, shall escort him only till the Army Hospital and need not be present at the time of medical examination,” the bench stated within the order.
The medical examination of Raju shall be performed by the medical board of three docs of the hospital to be constituted by the top of the Army Hospital, it stated, including, “Raju be medically examined in the presence of a Judicial Officer, who may be nominated by the Chief Justice of the Telangana High Court.”
“The proceedings of medical examination of Raju shall be videographed and be submitted to the Registrar General of the Telangana High Court in a sealed cover for being transmitted to this Court,” the order stated.
The prime courtroom directed the lawmaker shall be admitted within the hospital and stay there for medical care till additional orders, which shall be handled as judicial custody of him and “the expenses, if any, for hospitalization in the Army Hospital shall be borne by the petitioner.”
The bench was listening to two appeals, together with one by Raju, in opposition to the Andhra Pradesh High Court order dismissing his bail and asking him to go to acceptable discussion board for the aid. In the second attraction, his son Okay Bharath has sought Raju’s medical examination by a personal hospital.
The prime courtroom requested the state authorities to file its reply on the appeals by May 19 and posted the matter for additional listening to on May 21.
The bench directed the registry that the order be despatched by e mail to the chief secretary of Andhra Pradesh, the High Courts of Andhra Pradesh and Telangana moreover asking the highest bureaucrat of the state (AP) to make sure compliance of the order.
During the listening to, senior advocate Mukul Rohatgi, showing for the YSR Congress MP, stated that he was searching for two issues — ad-interim bail and his medical examination by a impartial hospital.
Rohatgi stated it’s a matter of “some extraordinary proportion” because the sitting MP is essential of the social gathering management and the state authorities for a while.
“The MP is critical of the Chief Minister,” he stated, including that final 12 months he needed to transfer the Delhi High Court for safety as there was menace to his life.
At the outset, senior advocate Dushyant Dave, showing for the state, requested the matter be saved for listening to on Friday in order that he can file a brief reply.
Rohatgi argued there aren’t any allegations that the MP had incited any insurrection.
“The MP is critical of the state government’s handling of COVID. Along with him, FIR also names two TV media channels,” he argued, including that part of sedition has been added within the FIR in order that the accused can not get bail.
Rohatgi claimed that the MP was “beaten and tortured” by the police and when he was produced earlier than the trial courtroom, the Justice of the Peace had discovered some accidents on his ft and ordered that he be examined in hospital.
“Today, he should be examined by a private or a neutral hospital or at Army hospital,” he stated.
Dave stated he has no drawback if the MP is examined by a medical board.
“Let him be examined at the All India Institute of Medical Sciences (AIIMS), Mangalagiri,” Dave stated, including, “It may not be appropriate to use Army hospital. AIIMS is there”.
The bench noticed, “Army hospital is not under either the state or the Central government. Army hospital will be a neutral hospital”.
Dave stated the authorities would take the MP to the AIIMS and if the apex courtroom feels, he could possibly be examined within the presence of a judicial officer.
Solicitor General Tushar Mehta advised the bench that he has no objection, if Raju is medically examined at AIIMS, New Delhi or some other authorities hospital and stated that it’s going to not be acceptable if Army hospital is roped in because it a political matter.
On May 15, the CID, which arrested Raju on numerous fees, together with sedition, additionally named two media homes and “others” as accused within the case.
They had been charged below Sections 124A (sedition), 153A (selling enmity between completely different teams), 505 (statements conducing public mischief) learn with 120B (conspiracy) of IPC.