Elgar Parishad case: P Varavara Rao a main conspirator, can’t be granted regular bail: HC

The Telugu poet allegedly facilitated financing of violent activities of the group and is also accused of being involved in providing arms and ammunition for the group’s illegal and nefarious activities

Mumbai: The Bombay high court (HC) has refused regular bail on medical grounds to P Varavara Rao, an accused in Elgar Parishad-Bhima Koregaon violence case. This was taken primarily in view of the medical reports stating that the 83-year-old Telugu poet’s vital signs were normal and the fact that the role attributed to him in the crime was serious in nature – being one of the main conspirators.

The HC says the 83-year-old Telugu poet’s vital signs were normal and the fact that the role attributed to him in the crime was serious in nature – being one of the main conspirators. (Bhushan Koyande/ HT)

A division bench of justice Sunil Shukre and justice GA Sanap had on April 13 dismissed Rao’s plea for regular bail on medical grounds, but the detailed order became available on Friday.

On February 22, 2021, another bench of the high court granted Rao temporary bail for six months in view of his fragile health and the bail period was extended from time to time.

Subsequently, the 83-year-old filed another plea for regular bail on medical grounds, primarily contending that his health condition had not improved and he was showing signs of early Parkinson’s.

During the course of the hearing of this plea, pursuant to court orders Nanavati Hospital, a private super-speciality hospital in Mumbai, on December 15, 2021 submitted a report after conducting thorough examinations. The report indicated that his vital parameters were normal and he had some minor issues for which medicines were provided to him.

Rao had disputed the report and contended that the National Investigation Agency (NIA) had manipulated the doctors at the private hospital to submit the report.

The bench headed by justice Shukre, however, refused to accept the claim. “On analysis of the clinical summary and the medical record, we are fully convinced that the Doctors have given their independent opinion based on the examination of the accused,” said the bench.

“Clinical summary, therefore, cannot be discarded.”

This bench also observed that even on February 22, 2021 the other bench did not think it fit to grant permanent bail to Rao and limited the bail period to six months, noticing that the serious allegations were levelled against the 83-year-old and that he was named as one of the main conspirators.

“In the teeth of his clinical summary, the submissions advanced by the learned Senior Advocate (representing Rao) that there is no change in health condition of the accused post order dated 22nd February, 2021 cannot be accepted,” said the court.

“Seriousness and severity of the crime would remain till such time the accused is pronounced not guilty of the crime alleged to have been committed by him. Role attributed to the accused is serious. He is one of the main conspirators. Therefore, in our opinion, on the medical ground the accused is not entitled to get bail,” it added.

Vishrambaug police station in Pune has registered an offence on January 8, 2018 based on a complaint by Tushar Damgude, a local builder, alleging that members of the Communist Party of India (Maoist) incited violence by creating communal disharmony.

He alleged that the members of Kabir Kala Manch and invitees spread hatred through provocative songs, plays and the speeches delivered at Elgar Parishad held at Shaniwar Wada on December 31, 2017 and it gave rise to widespread violence following the incident at Bhima Koregaon.

Police later conducted searches at residences of various ‘activists’ and recovered a document titled “Strategy and Tactics of The Indian Revolution” which reflected the motive of the banned terrorist organization, CPI(Maoist): to seize political power by organising people into a people’s army and by wiping out Indian armed forces through war and establish “people’s democratic state.”

The case was handed over to the NIA on January 24, 2020. Rao was arrested in the case on August 28, 2018 from his residence at Hyderabad. He is accused of being a senior member of the Communist Party of India (Maoist), a banned organisation that allegedly believes in violence and overthrow of the constitutionally and legally established Government.

The Telugu poet allegedly facilitated financing of violent activities of the group and is also accused of being involved in providing arms and ammunition for the group’s illegal and nefarious activities.