The National Investigation Agency (NIA) on Wednesday urged the Bombay High Court to reject the plea for bail on medical grounds filed by poet-activist Varavara Rao, arrested within the case of the Elgar-Parishad-Maoist hyperlink, arguing that his current well being situation is secure.
Additional Solicitor General Anil Singh, who appeared for the NIA, reminded the courtroom that Rao’s medical experiences from the Nanavati Hospital, from earlier this month, said that he was secure and match to be discharged.
He identified that the Maharashtra authorities had made a press release earlier than the HC final week, saying as soon as discharged from the personal hospital, Rao (81) is not going to be despatched again to the Taloja jail in Navi Mumbai, however as a substitute, he shall be admitted to the jail ward of state-run JJ Hospital right here and given requisite medical care.
“His (Rao’s) medical reports, his present health condition is stable, and the state’s statement takes care of all the prayers made in these pleas,” Singh mentioned.
“Therefore, the question of granting him bail arises only if the court doesn’t have faith in the care that the JJ Hospital will be able to provide,” Singh informed a bench of Justices SS Shinde and Manish Pitale.
The bench was listening to three petitions — a writ petition in search of Rao’s full medical data and a bail plea on medical grounds filed by Rao. The third one is a writ petition filed by Rao’s spouse Hemlatha alleging a breach of his elementary rights owing to lack of medical care throughout his continued incarceration.
Hemlatha, too, had sought in her plea that Rao be let loose of jail and be permitted to return to his household in Hyderabad.
The poet-activist, lodged within the Taloja jail as an undertrial, is at the moment admitted to the Nanavati hospital in Mumbai.
Following the NIA’s submission, the courtroom, nevertheless, identified that as per the medical experiences, Rao was being given over 20 tablets a day.
“Just see the list of medicines being given to him everyday. He is sustaining on these medicines. So, he’s continuously on medical support,” HC mentioned.
ASG Singh, nevertheless, mentioned most of those tablets had been “age-related.”
“We also have old people in our homes and 70 to 80 per cent of these medicines are taken (by elderlies),” the NIA counsel mentioned.
He reiterated that as per the Nanavati Hospital report, Rao didn’t have dementia, a illness in which there’s deterioration in reminiscence, behaviour and the flexibility to carry out on a regular basis actions.
The HC, nevertheless, identified that Rao’s experiences from the JJ Hospital, the Taloja jail hospital and state-run St George hospital, issued in November final yr, all talked about dementia, and mind atrophy or shrinkage of the mind.
Singh, nevertheless, mentioned the older report notings on dementia appeared extra like “course and discussions” amongst docs to verify for dementia and delirium.
“We have full faith in the JJ Hospital but the Nanavati Hospital, where he was last treated, says he doesn’t have dementia right now,” Singh mentioned.
“We believed the Nanavati Hospital while Rao was being treated there. Why should we not believe it then when he says Rao doesn’t have dementia?” he mentioned.
Singh mentioned one’s well being situation may fluctuate typically and due to this fact, whereas deciding on Rao’s medical bail plea, the HC should go by his newest well being situation report.
“The Nanavati report says Rao doesn’t require indoor management and is fit to be discharged. This is the latest report, there is no counter or different medical advice so we have to believe this report,” Singh mentioned.
“Therefore, unless the court does not have faith or it feels the JJ prison ward will not be able to provide him (Rao) medical care, only then should he be granted bail,” Singh mentioned.
Rao’s counsel, senior advocate Anand Grover argued that the JJ Hospital or some other hospital was a “bed of infection,” and the ailing Rao should not be despatched there.
“The only option is to send him back to the Taloja prison if he is fit, else let him out on bail to be at home with his family,” Grover mentioned.
The HC then directed the Nanavati hospital to submit a recent medical report with Rao’s newest well being situation on Thursday morning and can proceed listening to the arguments within the afternoon.
Rao has been in an out of the JJ Hospital in Mumbai and the Taloja jail hospital since his arrest in June 2018.
On July 16 final yr, he examined constructive for coronavirus after which he was shifted to the Nanavati Hospital.
He was discharged from the Nanavati Hospital following a remaining evaluation report on July 30 and despatched again to the Taloja jail.
In December final yr, he was admitted to the Nanavati Hospital once more following the intervention of a bench of Justice Shinde and Justice MS Karnik.
The case associated to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which, the police claimed, triggered violence the subsequent day close to the Koregaon-Bhima struggle memorial positioned on the outskirts of the western Maharashtra metropolis.
The police have claimed the conclave was organised by individuals with alleged Maoist hyperlinks. Several activists and academicians have been named as accused within the case.