The Andhra Pradesh High Court has granted a four-week interim bail to former Chief Minister Nara Chandrababu Naidu, citing medical reasons. Naidu had claimed that he was recommended to undergo cataract surgery in his right eye back in June. In response, Justice T. Mallikarjun Rao stated,
“This Court views that it would be unreasonable for a prudent individual to seek cataract surgery solely for the purpose of obtaining bail… Considering the petitioner’s age, this Court finds that it is quite probable to suffer from such old age ailments.”
Naidu has been incarcerated 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 alleging his pivotal role in the embezzlement of approximately Rs 371 crore from the Andhra Pradesh Skill Development Corporation through fictitious companies during the Telugu Desam Party’s governance between 2014 and 2019.
The High Court had previously dismissed Naidu’s plea to quash the first information report (FIR) in the case. Naidu had argued that the trial court’s order remanding him to custody overlooked the CID’s failure to obtain prior approval from the governor, as mandated by Section 17A of the Prevention of Corruption Act. However, Justice K Sreenivas Reddy ruled that prior sanction from the competent authority was not required for the investigation, as the alleged misuse of public funds did not constitute an act in the discharge of official duties.
The court emphasized,
“Every individual has the inherent right to receive comprehensive and effective medical care… 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’s counsel argued that due to his age of 73, he had developed various ailments requiring appropriate medical care, which was not feasible within the prison compound. The counsel further highlighted that Naidu had developed specific health issues during his remand and wished to undergo tests by doctors of his choice.
The prosecution countered that Naidu’s health had not evidently deteriorated and that all necessary tests could be conducted within the prison by state-appointed expert doctors. They also pointed out inconsistencies in medical reports regarding the urgency of Naidu’s eye surgery.
The court, after considering the arguments, stated,
“This Court places the health and well-being of an individual as the foremost consideration, irrespective of the gravity of the alleged offense. It’s important to recognize that custody during the investigative phase should not be perceived as punitive.”
The court granted Naidu’s interim bail application for four weeks, directing him to furnish two bail bonds of one lakh each. He has also been given the liberty to undergo all medical tests under his chosen doctors’ supervision and submit the reports to the Central Prison, Rajamahendravaram’s superintendent, upon surrendering. Naidu is expected to surrender himself back on November 28th at 5 pm.
Also read- Supreme Court To Hear Chandrababu Naidu’s Plea On October 3 (lawchakra.in)
