The Bombay High Court on Tuesday extended till March 8, the medical bail given to Telugu poet-activist Varavara Rao, the prime accused in the Bhima-Koregaon Violence Case.
The bench led by Justice Sunil Shukre said that it cannot make any observations contrary to the findings of the bench headed by Justice Sambhaji Shinde in the orders granting bail to Rao.
The bench was hearing a plea filed by Rao seeking permanent bail on medical grounds. It was also seized with another plea filed by the NIA to cancel Rao's medical bail.
Senior counsel Anand Grover for Rao apprised the bench with the facts of the case as to how his client was arrested and then his health deteriorated while jail and how he was treated and then granted bail.
"Rao has been living in Mumbai since then. His family has all doctors. He is living here on his pension which he gets as he retired as a teacher. His medical treatment is free in States of Andhra Pradesh and Telangana," the senior counsel submitted.
"He was taken to JJ hospital and from there he was sent to Nanavati (hospital). The medical reports from Nanavati state that when outside of the hospital, he has to be closely monitored," Grover said, adding, "He has improved in respect of certain diseases. He has been treated for Hernia, Parkinsons - his health is going to deteriorate there."
Grover further pointed out that Jesuit Priest Stan Swamy, a co-accused in the case had died in hospital while he was being treated.
"He wouldn’t have died had he not been put in prison. We are saying you put someone in a position that there is no going back," the senior counsel pointed out, adding, "The attitude of the prosecution has to be that we will try our best to get the prisoner for trial. It should not be that whatever happens to him in prison is fine."
During the hearing, the bench noted the observations made by Justice Shinde in his orders against the medical facilities in jail hospitals.
"After making observations on the medical conditions in prison why was bail granted only for 6 months?" Justice Shukre asked, to which, advocate Sandesh Patil for the NIA responded that the bench had taken a balanced view by even considering the allegations against Rao.
At this, Justice Shukre said, "But then, is there anything to provide for review after six months? Or has there been a challenge to the order?"
"Because he is 82 years old, he may be drug resistant. In six months will the Taloja prison improve? He will be exposed to more diseases," the judge observed.
Grover, however, pointed out that the order hasn't been challenged in the Supreme Court since the observations were in his favor.
"With the kind of observations in the order, prima facie we don’t see any scope of review. And this order has attained finality," Justice Shukre opined, to which, Patil said that he would demonstrate a proper case for cancelling Rao's medical bail.
"But we find it difficult to observe anything otherwise," Justice Shukre replied.
The bench then adjourned the hearing till March 8.
