Live Law | 31 October 2023
Andhra Pradesh High Court has granted 4 weeks interim bail to former Chief Minister Nara Chandrababu Naidu on medical grounds. He claimed he was recommended to undergo Cataract surgery in the right eye, back in June.
Refusing to disbelieve this submission in the absence of any conflicting medical report indicating that his surgery is unnecessary, Justice T. Mallikarjun Rao said,
“This Court views that it would be unreasonable for a prudent individual to seek Cataract surgery solely for the purpose of obtaining bail. If that is so, the petitioner need not have waited till 25.10.2023 to come up with this petition. Considering the petitioner’s age, this Court finds that it is quite probable to suffer from such old age ailments. There is no material casting doubt on the authenticity of the certificates relied on by the petitioner.”
The bench emphasized that every individual has the right to effective medical care, and that interim bail should not be restricted when a person’s immediate life is in peril.
“Every individual has the inherent right to receive comprehensive and effective medical care. This Court firmly upholds the belief that individuals in custody with serious health issues should be granted access to adequate and effective medical treatment. The exercise of discretion in granting interim bail on medical grounds should not be restricted to circumstances where the person’s life is in immediate peril.”
Naidu has been in Rajamundry jail for over 50 days in connection with the Skill development scam case. He was arrested on September 9 with the state crime investigation department claiming to have prima facie evidence of the former chief minister’s key role in the alleged embezzlement of around Rs 371 crore from the Andhra Pradesh Skill Development Corporation through fictitious companies during the Telugu Desam Party’s rule between 2014 and 2019.
