Madhu Singh Allowed to Travel Abroad for Life-Threatening Medical Condition Amid Corruption Case
In a landmark judgment, the Jharkhand High Court has allowed Madhu Singh, wife of former MLA and Minister Kamlesh Kumar Singh, to travel abroad for urgent medical treatment, emphasizing the fundamental right to travel as recognized under Article 21 of the Indian Constitution. Madhu Singh, suffering from Stage 4B Cirrhosis, has been granted permission to travel to the United States or the United Kingdom for advanced treatment, despite her involvement in an ongoing trial concerning disproportionate assets and money laundering.
Presiding over the case, Justice Sanjay Kumar Dwivedi acknowledged the critical medical condition of Madhu Singh, citing reports from the Institute of Liver and Biliary Sciences, New Delhi, which confirmed extensive liver damage requiring specialized treatment unavailable in India. The court modified a previous bail order, allowing the release of Madhu Singh's passport, contingent upon specific conditions aimed at ensuring compliance with judicial processes.
The judgment highlighted the importance of the right to travel abroad as an essential human right, drawing upon precedents set by the Supreme Court in cases such as Satish Chandra Verma v. Union of India and Maneka Gandhi v. Union of India. Justice Dwivedi asserted that the refusal of the freedom to travel can significantly impact an individual's private life and freedoms, especially when related to health and wellbeing.
Madhu Singh's legal counsel presented a compelling argument for her travel, based on her deteriorating health and the presence of supportive family members in both the USA and UK. The court's decision ensures that Singh can pursue necessary medical intervention without compromising her legal obligations, as she is required to file an undertaking detailing travel duration and return dates for each journey.
The court's ruling also considered the absence of any allegations against Madhu Singh for influencing witnesses or non-cooperation in the trial. Her passport, previously surrendered in 2014, will be released under the condition that she seeks court permission for each trip abroad, with the understanding that any breach of these conditions will prompt judicial action.
This judgment not only addresses the immediate medical needs of Madhu Singh but also reinforces the judiciary's commitment to uphold fundamental rights, even amid legal challenges. The decision underscores the balance between individual rights and judicial oversight in cases involving serious allegations, setting a precedent for future cases where health concerns intersect with legal proceedings.
Bottom Line:
Right to travel abroad for medical treatment is a fundamental right, and refusal of the same can affect the individual's humanity, private life, and freedoms. Passport can be released with conditions for travel abroad, subject to compliance with court orders.
Statutory provision(s): Article 21 of the Constitution of India, Indian Penal Code Sections 409, 420, 423, 434, 465, 120B, Prevention of Corruption Act Sections 7, 10, 11, 13, Prevention of Money Laundering Act Sections 3/4.
Madhu Singh v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2850757
