Was ‘Third degree’ torture used against YSRC MP K. Raghurama Krishnam Raju? Supreme Court directs fresh medical examination

Supreme Court: The vacation bench of Vineet Saran and BR Gavai, JJ has directed that YSRC MP K. Raghurama Krishnam Raju be taken to the Army Hospital Secunderabad for medical examination after it was brought to its notice that he has undergone heart bye-pass surgery very recently and that there were some injuries on his legs.

The Andhra Pradesh High Court, had, on 15.05.2021, rejected the bail of Kanumuri Raghurama Krishnam Raju who was arrested for allegedly insulting the government and those in government posts. His counsel Mukul Rohatgi, however, told the Court that Raghurama Krishnam Raju is the sitting Member of Parliament and an FIR has been filed against him because of political rivalry as though he was elected as an M.P. of YSRC but he criticized the action of said party and hence FIR has been filed because of political vendetta.

The Court, however, did not go into the merits of the aforesaid allegations and limited itself with the medical condition of the petitioner 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 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 that the police had used 3rd degree methods against Raghurama Krishnam Raju, a heart patient, during his custody and he was unable to walk .

Thereafter, on the same day, the High Court 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.

After the medical report was placed before the Supreme Court, Senior Advocate Dushyant Dave, appearing for the State, submitted that the State Government would have no objection if Raghurama Krishnam Raju is again medically examined by an independent Central Government Hospital in the presence of a Judicial Officer.

The Court, hence, passed the following directions:

(1) Raghurama Krishnam Raju 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 Kanumuri Raghurama Krishnam Raju only till the Army Hospital and need not be present at the time of medical examination.

(2) The medical examination of Raghurama Krishnam Raju shall be conducted by the medical board of three doctors of the hospital to be constituted by the head of the Army Hospital, Secunderabad, Telangana.

(3) Raghurama Krishnam Raju be medically examined in the presence of a Judicial Officer, who may be nominated by the Chief Justice of the Telangana High Court.

(4) The proceedings of medical examination of Raghurama Krishnam 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.

(5) Raghurama Krishnam Raju shall be admitted in the Army Hospital and kept there for medical care until further orders, which shall be treated as his judicial custody. The expenses, if any, for hospitalization in the Army Hospital shall be born by Raghurama Krishnam Raju.

[Kanumuri Raghurama Krishnam Raju v. State of Andhra Pradesh, 2021 SCC OnLine SC 395, order dated 17.05.2021]

For Petitioner(s): Senior Advocates Mukul Rohatgi, B. Adinarayan Rao, Byrapaneni Suyodhan, Advocate Abhijit Basu, AOR Tatini Basu

For Respondent(s): Senior Advocates Dushyant Dave, V. Giri, AOR Mahfooz A. Nazki, Advocates Polanki Gowtham, Shaik Mohamad Haneef, T. Vijaya Bhaskar Reddy, Amitabh Sinha, Shrey Sharma, K.V. Girish Chowdary

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