The Bombay High Court has directed the National Investigation Agency (NIA) to get poet Varavara Rao, an accused in the Elgar Parishad case, medically examined at the private Nanavati hospital in the city to check if he suffers from any ailments that warranted an extension of his medical bail.
On Friday, a division bench of justices Nitin Jamdar and Sarang Kotwal also extended till December 18, the time for Rao to surrender before the Taloja prison authorities.
Despite earlier HC order of November 18, the NIA failed to get Rao examined at Nanavati hospital.
Sandesh Patil, counsel for the NIA, told the HC that the delay had been caused because several doctors were required to check Rao since, the 83-year-old was "taking advantage of the court's order" and trying to get a comprehensive health check-up done.
Patil said: “At the time of seeking medical bail earlier this year, he (Rao) had complained of cataract, hernia, and appendix. Now appendix and hernia are over and only cataract remains," Patil said. "But he is taking advantage of the court’s order and trying to get all tests done.”
The judges questioned the NIA's submission and said that the agency must take a practical approach and also consider Rao's advanced age.
Justice Jamdar said: “The point here is to see whether he is still unwell and requires to be on medical bail," HC said. "Consider his age. Suppose the medical exam reveals that he is suffering from something else. Then what will you (NIA) do?”
The HC had granted medical bail to Rao in February. On several occasions, the HC has extended his bail owing to his health.
Rao’s counsels, R Sathyanarayanan and senior counsel Anand Grover, argued that Rao had been to Nanavati hospital twice in compliance of HC, however, the NIA representatives had failed to appear and the doctors at the hospital "said they weren't sure if they could go on without the NIA."
Rao will be examined and his report will be submitted by December 16. The HC will hear his plea on December 17.
Rao has said in his plea that he continues to suffer from multiple ailments including urinary tract infection with recurrent hyponatremia, suspicion of Parkinsons' disease, lacunar infarcts in six major lobes of the brain, and some eye problems.Varavara Rao
