Jharkhand High Court Permits MLA's Wife to Seek Medical Treatment Overseas
The Jharkhand High Court has granted permission to Madhu Singh, the wife of Hussainabad MLA Kamlesh Kumar Singh, to travel abroad for her medical treatment. In a significant ruling, the court emphasized that seeking medical treatment overseas constitutes a fundamental right, thereby allowing her to proceed with her healthcare plans.
Court's Decision and Legal Background
On February 3, a bench led by Justice Sanjay Kumar Dwivedi disposed of a petition filed by Madhu Singh, who is suffering from a chronic liver ailment. The court modified the conditions of her bail, which was originally granted on May 13, 2014. Under the previous bail terms, her passport had been deposited with the lower court as part of the legal proceedings.
Madhu Singh is an accused in a disproportionate assets case registered by the Central Bureau of Investigation (CBI). She had argued before the High Court that she has fully cooperated with the trial process. From a list of 100 prosecution witnesses, only 46 have been examined so far, with the remaining 54 yet to be called. This indicates that the trial is expected to take considerable time to conclude.
Medical Condition and Court's Rationale
Madhu Singh presented medical evidence showing that she suffers from a chronic liver disease, which has been diagnosed as being in the pre-cancer stage. The High Court considered this critical health issue in its decision. The court held that since Madhu Singh has not been convicted and is merely facing trial, she should be allowed to travel abroad for necessary medical treatment.
The court directed that her passport be released to her, enabling her to travel to the United States and the United Kingdom for treatment. However, specific conditions were imposed to ensure compliance with legal procedures.
Conditions Imposed by the High Court
The High Court outlined several requirements for Madhu Singh's travel abroad:
- She must provide an undertaking to the CBI detailing her travel dates and return plans in advance.
- She is required to seek prior permission from the CBI court whenever she plans to travel abroad for medical purposes.
- These measures are intended to balance her right to healthcare with the ongoing legal proceedings.
This ruling underscores the judiciary's recognition of health as a priority, even in cases involving serious allegations. It sets a precedent for similar situations where accused individuals require urgent medical attention overseas.
