On August 2, the Supreme Court of India granted interim bail to the Kerala CM Pinarayi Vijayan’s former Principal Secretary, M Sivasankar, for two months on medical grounds. M Sivasankar is an accused in a money laundering case related to the ‘Life Mission Scam.’
The court’s Division Bench, comprising Justices AS Bopanna and MM Sundresh, granted the accused ex-Principal Secretary interim bail on medical grounds as he needed surgery and post-operative care. However, the court has directed that the accused cannot go to any other place other than his home and the hospital while on bail.
“In the matter of the present nature where some post-operative treatment is also required, we are of the view that the applicant be released on bail to avail medical treatment for 2 months. The applicant shall not go to any other place, except the vicinity of his hospital and his home,” the court said.
The Enforcement Directorate’s (ED) counsel, Solicitor General Tushar Mehta, had opposed Sivasankar’s bail on grounds that he is an influential person and enlarging him on bail would impact the investigation. He submitted that he would be taken to the hospital of his choice at his expense and whatever care he requires can be undertaken. ‘’We have bad experience of an interim bail ultimately becoming final bail. He can take treatment, but let him be in judicial custody,’ the Solicitor General argued. Meanwhile, Sivasankar’s counsel Senior Advocate Jaideep Gupta argued that the accused’s condition was serious and he requires decompression surgery on the spinal cord.
Last week, Sivasankar withdrew his plea seeking interim bail before the Kerala High Court. The high court had expressed disinclination to pass orders as an SLP was pending before the top court concerning his regular bail.
On May 17, the Supreme Court granted liberty to Sivasankar to move the trial court for seeking interim bail on medical grounds as the top court was going on vacation. However, the trial court dismissed the accused’s plea seeking interim bail as he had failed to demonstrate any element of emergency to be released on bail.
LIFE Mission Scam
The money laundering case pertains to the alleged illegal gratification received in exchange for awarding the construction contract for building 140 housing units under the LIFE Mission Project for the poor who lost their shelter in the 2018 floods, utilising the funds donated by the UAE Red Crescent and the land provided by the Kerala Government.
It is pertinent to note that Santhosh Eapan, the managing director of UNITAC, the construction firm selected for the construction of the houses under the LIFE Mission project had informed ED that the firm paid a bribe worth Rs 4.48 crore to Sivasankar and certain officials at the UAE Consulate, including Swapna Suresh, for the project.
The ED said, “A conspiracy was hatched by the Consulate employees with active support of M. Sivasankar, then Pr. Secretary to the Chief Minister to generate commission as bribe from the funds donated by Red Crescent by awarding the LIFE Mission project to M/s Unitac Builders and Developers and M/s Sane Ventures LLP run by Santhosh Eappen. From the funds received from UAE Red Crescent, Santhosh Eappen had arranged an upfront commission as bribe for UAE Consulate Officials and Kerala Government Officials by withdrawing money from the bank accounts of the companies of Santhosh Eappen, which is also admitted by him,” in its press release dated March 23, 2023.
The Additional Solicitor General R Sankaranarayanan opposed Sivasankar’s bail application and submitted that Sivasankar is the kingpin who orchestrated money laundering and bribery since the beginning. Furthermore, the counsel submitted that he could impede the investigation if released on bail.
Furthermore, it is pertinent to note that Sivasankar is also an accused in the Kerala Gold Smuggling Case wherein the Customs and Preventive Commissionerate seized 30 kgs of gold from diplomatic cargo. The consignment worth Rs 15 crore was sent by air cargo at the international airport in Thiruvananthapuram. He was arrested in October 2020 and underwent custody until the High Court granted him bail in January 2021 in the case. The former Principal Secretary was found in regular touch with accused Swapna Suresh based on call records.
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