The Supreme Court Tuesday directed doctors of a super-speciality hospital here to furnish a report whether Uttar Pradesh politician D P Yadav, facing life term in the MLA murder case, was fit to undergo spinal surgery and cautioned him against taking any "undue advantage".
Yadav was awarded life imprisonment by a Dehradun CBI court in 2015 for his role in the murder of Mahendra Singh Bhati, an MLA from Ghaziabad's Dadri area. The lawmaker was shot dead at Dadri railway crossing in December 1992.
A bench headed by Chief Justice Ranjan Gogoi, which had earlier granted an interim bail for 15 days to Yadav for undergoing pre-operation tests, today took strong note of the fact that the tests have not been done as he was having viral fever and warned that it would send him to jail.
"Please don't take undue advantage. We will send you back to jail. We do not want to comment on the doctors. You are having viral fever and what are you taking -- Paracetamol and Betadine," said the bench, also comprising Jutices S K Kaul and K M Joseph.
The bench, which has now fixed the matter on October 12, said the doctors of Yashoda Superspeciality Hospital at Ghaziabad would certify the said fact that Yadav was in a fit condition to undergo spinal surgery and then appropriate orders will be passed.
It also said if doctors say that he was not fit to undergo the surgery then the accused will have to go back to jail.
The bench said that it would grant Yadav bail once the date of surgery is fixed by the doctors.
The High Court, on June 14 this year, had rejected the bail plea of Yadav.
The apex court, on September 18, had granted interim bail for 15 days to Yadav on a condition that he will get himself admitted as in-patient in Yashoda Superspeciality Hospital for the requisite pre-operative checks.
It had also asked him to deposit a bail bond of Rs 1 crore and two sureties of like amount for getting the interim bail.
The top court today extended the interim bail till October 12 and sought a medical report from the hospital within two days.
The case was transferred to CBI court at Dehradun in the year 2000 on the direction of the Supreme Court after doubts were expressed about a fair trial in the case in Uttar Pradesh where Yadav was an influential politician.
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