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Telugu poet P Varavara Rao’s stay at Nanavati Hospital extended till December 21 by Bombay HC
The Bombay high court (HC) on Tuesday extended the interim order allowing 82-year-old Telugu poet P Varavara Rao, an accused in the Bhima Koregaon case, to be kept
The Bombay high court (HC) on Tuesday extended the interim order allowing 82-year-old Telugu poet P Varavara Rao, an accused in the Bhima Koregaon case, to be kept at Nanavati Hospital till the three petitions and appeals filed by Rao and his wife are heard on December 21.
A division bench of justice SS Shinde and justice MS Karnik, while hearing the appeal of Rao against the rejection of his bail application on health grounds by the special National Investigation Agency (NIA) court and the applications seeking permanent bail on health grounds and as per the guidelines issued by the high-power committee (HPC), was informed by additional solicitor-general Anil Singh on behalf of NIA that the investigating agency had a preliminary objection to the three petitions.
Singh submitted that while the appeal against the special sessions court order has been served, and Rao was healthy again keeping the appeal pending would not serve any purpose, hence Rao should be sent back to Taloja jail. He further submitted that the application of Rao’s wife for shifting Rao to Nanavati Hospital and given proper bail was not following proper procedure, as she had directly approached the HC without first applying before the lower court.
Responding to the objections, advocate Anand Grover and senior counsel Indira Jaising submitted that Rao was suffering from inherent ailments before his arrest and being kept at Yerwada jail and then at Taloja jail. The rejected application before the special NIA court was based on the apprehension that he could contract the Covid-19 and should be granted interim bail. However, after his application was rejected and he approached the HC, he was found to have contracted the virus. Though he was moved to Sir JJ Hospital, St George’s Hospital and then Nanavati Hospital, as per the HC order and received treatment, his condition was such that he needed constant medical care. This constant medical care was not available in the hospital attached to Taloja jail, nor did it have personnel or facilities to treat or oversee Rao’s condition, hence the applications and appeal for permanent bail should be allowed.
Grover further submitted that Rao was not averse to standing trial and would not abscond, hence there was no harm in allowing bail, so that he may go home and be taken care of. “Rao has been tried in 24 cases in his lifetime and had been acquitted in all of them. He knows he had no role in the current case, hence he is willing to stand trial,” said Grover.
Further referring to the HPC guidelines, he submitted that Rao was eligible for bail even though he was booked under the UAPA (Unlawful Activities (Prevention) Act).
After hearing the submissions, the court observed that the objections of Singh about Rao appearing directly before HC and seeking bail were valid as a Supreme Court judgement had permitted HCs to hear interim and bail applications when article 226 or 482 were invoked. The court, however, added that it would want to hear the arguments of NIA and the state against the application by Rao and his wife P Hemlatha before passing orders, hence posted hearing for Monday.
When the court sought to know the current health status, it was informed that there was no new report submitted by Nanavati Hospital, hence it would have to go by the report submitted in the earlier hearing. The court accepted the same and said that the earlier interim order of letting Rao be in Nanavati Hospital and the state or NIA would not discharge him without informing the court would continue till Monday, December 21.
