In what could spell troubles for Telugu poet-activist Varavara Rao, the prime accused in the Bhima-Koregaon violence case, the National Investigation Agency (NIA) on Monday urged the Bombay High Court not to grant permanent bail on medical grounds as he has been booked under "very, very serious" which, if proven, could attract the "death penalty."
A bench of Justices Sunil Shukre and Shriram Modak has closed the matter for judgment. The bench was seized with three petitions filed by Rao through senior counsel Mihir Desai seeking permanent bail, extension of his interim bail and an order allowing him to shift to Hyderabad, his hometown.
Vehemently opposing the pleas, additional solicitor general (ASG) Anil Singh, pointed out that Rao has been suffering from "regular and age related issues."
"We will ensure that proper medical assistance as and when required, is given to him," the ASG submitted.
Singh further added, "This is a very very serious offence that concerns national security. Also please note that the charges, if proven can even attract the maximum punishment of death penalty."
The ASG further emphasised on the fact that the medical bail was granted to Rao in February last year, which was for a period of six months. "The time span has lapsed now. The medical reports indicate he is fit for discharge. The pleas for permanent bail and shifting him to Hyderabad were already rejected by this court in February," he added.
At this submission, Justice Shukre pointed out that section 437 of the Code of Criminal Procedure (CrPC) does provide for permanent bail in special circumstances, including when an accused person is ill.
To this, ASG Singh highlighted the "competence" of the doctors at the state-run J J hospital, who can take proper care of Rao.
"A humanitarian view must be taken but he (Rao) shouldn't be left scot free. The hospital provides good treatment for all persons including inmates," ASG pointed out.
However, senior counsel Anand Grover for Rao stressed on the fact that the recent medical reports indicated that he is showing "early signs of Parkinson's disease." He even highlighted the poor conditions in the Taloja jail, where his client was lodged and his health deteriorated.
"My client desires to stand trial. His reports indicate that there is a risk of blood clot. Will the agency or jail authorities in Taloja be able to take proper care?" Grover argued, adding, "I am confident (of charges remaining unproven). How long should I wait? Should I die before that? One person (co-accused) Stan Swamy has already died."
The bench accordingly closed the matter for judgment and ordered Rao not to surrender before the jail authorities till the judgment is pronounced.
