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Varavara Rao’s deeds are against State and public; deserves no relief: NIA to SC
Varavara Rao is a key accused in the Bhima Koregaon violence case of 2018 for allegedly having links with banned terrorist outfit Communist Party of India (Maoist).
The National Investigation Agency (NIA) has opposed the bail plea of P Varavara Rao in the Supreme Court, saying his alleged role in the Bhima Koregaon case “has a direct impact on unity, integrity, security and sovereignty of the country”.
Ahead of the 83-year-old’s bail plea hearing on Wednesday, the counter-terrorist task force said a probe into the 2018 violence suggested the accused was actively pursuing the “objective of the Communist Party of India (Maoist) or CPI (Maoist) to overthrow the democratic government and seize political power through armed revolution”.
“The act of the petitioner/accused has a direct impact on the unity, integrity, security and sovereignty of India. It is not justifiable for an accused of such offence to seek relief on constitutional grounds when his acts are itself against the interest of state and society,” NIA inspector general Santosh Rastogi said in an affidavit in the top court on Monday. HT has seen a copy of the affidavit.
The case pertains to alleged inflammatory speeches made at an Elgar Parishad conclave in Pune on December 31, 2017 which, police claimed, triggered violence the next day near Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.
Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial in the case. He is currently out on interim bail which was extended by the top court on July 12 till August 10.
The top court, on July 19, sought the NIA’s response on Rao’s bail plea while noting that he had already undergone two years of incarceration and “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”
In his petition filed through advocate Nupur Kumar, Rao pointed at his deteriorating health condition even during the bail period, and said he developed umbilical hernia and had undergone a surgery.
Rao also said he needs to be operated for cataract in both his eyes and is suffering from early symptoms of Parkinson’s Disease such as slowness in movement, hand tremors and stooping posture. His brain scan revealed lacunar infarcts (dead brain tissue) in six major lobes of the brain due to clots formed by occlusion of blood supplying arteries, the petition, a copy of which HT has seen, said.
Rao further referred to the death of Father Stan Swamy, who was also an accused in the case but died in custody last year amid his fight for bail on health grounds.
The Bombay high court granted Rao, who was lodged in Taloja jail in Navi Mumbai, six months bail on medical grounds on February 22 last year.
On April 13 this year, the high court refused his fresh request for bail and directed him to surrender in three months.
The top court, however, provided him protection on July 12, the day he was supposed to surrender.
NIA, in its affidavit, relied on the high court’s April 13 order that denied him any further extension of bail on the basis of his medical report and opinion given by Nanavati hospital where he was examined.
The agency also said Rao is facing grave charges under the stringent Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code.
“The accused is arrested for an offence which is not only serious but grave one. There shall be no relief when the offence is against state and public interest,” the agency said.
It listed 24 criminal cases registered allegedly against Rao in the past to suggest his involvement in “continuous unlawful activities” against the Indian government.
Based on the evidence and material collected during the probe so far, the NIA said: “It is not the case of the prosecution that he was merely supporting, associated or had membership with the said banned organisation, but played an active role in furthering CPI(Maoist) activities.”
