Breaking; YSR Congress MP K.Raghurama Krishna Raju To Be Medically Examined In Presence of A Judicial Officer and Admitted In Army Hospital, Secunderabad Supreme Court Orders
(Judicial Quest News Network)
In a matter where the sitting YSR Congress MP K.Raghurama Krishnam Raju had alleged the custodial torture after he was arrested on Friday (May 14)on the charges of sedition and was taken to the Crime Investigation Department (CID) office in Guntur district got a relief from Supreme Court on Monday.
The Supreme Court directed the authorities to medically examine him in the presence of a judicial officer to be nominated by the CJ of Telangana High Court.
Earlier the Andhra Pradesh High Court had rejected the bail petition noting that the Court as well as the session courts have got concurrent jurisdiction this court is not inclined to entertain this petition directly without moving the same before the trial judge where entire material including remand report will be available on his production.
The present order was passed by Vineet Saran and BR Gavai in an appeal filed by Raju through his Lawyer against the May 15 order of Andhra Pradesh High Court.
Appearing for Raju, Senior Advocate Mukul Rohatgi pleaded for
As interim bail and a medical examination of his client by a neutral or private hospital.
It was earlier submitted by Raju that he was brutally beaten up by CID while in custody.
Senior Advocate Dushyant Dave, appearing for the Andhra Pradesh Government, prayed that the matter be kept for Friday this week, as the State had not received a copy of appeal.
Appearing for the Central Government, Solicitor General Tushar Mehta said he had no objection to this arrangement.
The FIR was registered by the CID on the basis of statements made by Raju on various digital platforms which the police claimed amounted to hate speech and creating enmity between castes and religion.
Raju, who is an outspoken critique of his own party head and Chief Minister YS Jagan Mohan Reddy, had filed an application before a special CBI court a few weeks agoseeking cancellation of bail granted to Mr. Reddy in pending cases before the court.
It is further submitted that Raju has been critical of the Chief Minister for some time now. That is a matter of open record. Last year, he had to get security officially from the Central Government through the Delhi High Court because of threats by various elements in the party itself.
That is the background. What Happens is this-it appears that the police authorities ordered some kind of an enquiry.He (Raju) has been critical of Chief Minister saying that he(CM) is partial to 1 community and not to another community.
It was further submitted that the additional DG ordered the enquiry and received a report in a couple of days and based on that report, he himself ordered the FIR.
He submitted that the present case is nothing but a case of personal vendetta.
He narrated that when the matter was moved in the High Court for bail, the Andhra Pradesh High Court passed an order on Saturday that the petitioner can move to the lower court and dismissed the bail plea without realising that there is concurrent jurisdiction under section 439, CrPc.
The submission of Shri Mukul Rohatgi, learned senior counsel
for the petitioners is that petitioner-Kanumuri Raghurama Krishnam
Raju is the sitting Member of Parliament and an FIR has been filed
against the petitioner-Kanumuri Raghurama Krishnam Raju because of
political rivalry as though he was elected as an M.P. of a
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particular political party but he criticized the action of said
party and hence FIR has been filed because of political vendetta.
At this stage, we are not inclined to go into the merits of
the allegations made in the FIR and the submissions in that regard
made by learned counsel for the petitioners as at present we are
concerned with the medical condition of the petitioner-Kanumuri
Raghurama Krishnam Raju regarding which there has been remarks by
the Magistrate in his order dated 15.05.2021 when he was produced
before the Magistrate for remand. The Magistrate has directed to
refer the petitioner-Kanumuri Raghurama Krishnam Raju for medical
examination to the “Superintendent of Government Hospital General
Hospital, Guntur and Ramesh Hospital, Guntur to get examine the
accused person in the presence of his security of Y category”. The
Magistrate had also noted the contention of the learned counsel for
the accused that the police had used 3rd degree methods against him
during his custody and he was unable to walk and also that the
petitioner-Kanumuri Raghurama Krishnam Raju had undergone heart
bye-pass surgery in December, 2020. Thereafter, Division Bench of
the High Court by its order dated 15.05.2021 had directed that the
medical examination be conducted by the medical board headed by the
Superintendent of Government General Hospital, Guntur with other
government doctors as members of the Board. Today medical report
has been placed before us which we have perused.
Mr. Dushyant Dave, learned senior counsel appearing for the
respondent/State has very fairly stated that the State Government
would have no objection if Kanumuri Raghurama Krishnam Raju is
again, medically examined by an independent Central Government
Hospital in the presence of a Judicial Officer. He suggested that
the petitioner-Kanumuri Raghurama Krishnam Raju may be examined at
AIIMS Mangalagiri, Andhra Pradesh or in the alternative Manipal
Hospital, Andhra Pradesh which is a private hospital.
[Read the Order]
