The Bombay HC added that Varavara Rao must continue adhering to the bail conditions until then, including staying within the jurisdiction of the Mumbai NIA court.
The Bombay High Court, on Monday, September 6, extended time for poet and activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, to surrender back to the Taloja Jail in Navi Mumbai till September 25. Varavara Rao was released on bail on medical grounds six months ago. The National Investigation Agency (NIA), which is probing the case, opposed the extension of bail, stating he is accused of committing a "serious" offence. As per the bail condition, he was scheduled to surrender and return to judicial custody on September 5. However, last week, the activist, through his lawyer R Sathyanarayanan and senior counsel Anand Grover, filed an application seeking an extension of the bail. After his arrest in June 2018, Varavara Rao was undergoing treatment for various ailments at the JJ Hospital in Navi Mumbai. In 2020, to make matters worse, he tested positive for the coronavirus. Later, he was admitted to the Nanavati Hospital following directions from the Bombay High Court. On February 22, the HC had granted him conditional bail for six months, directing him to submit a personal bond of Rs 50,000 and two sureties of the like amount. Varavara Rao had also sought permission to stay in his hometown in Hyderabad while out on bail, saying he found living in Mumbai and accessing health facilities unaffordable. However, opposing the extension of his bail, the NIA, in its affidavit filed before the High Court on Monday, said, "The medical reports filed by the applicant do not disclose any major ailment that necessitates him to take treatment in Hyderabad, neither it forms a ground for further extension (of bail)." The NIA, in its affidavit, further said the Taloja prison, located in neighbouring Navi Mumbai, had adequate healthcare facilities and that Rao can be provided with the "best medical facilities" there. "They (Rao) cannot expect the honourable courts to pass orders as per their convenience, especially when the accused has prima facie committed an offence of serious nature," the NIA added. As part of the stringent interim bail conditions imposed by the High Court, Rao has been staying with his wife in a rented accommodation in Mumbai. When he was granted bail, Rao was undergoing treatment for multiple ailments at the city-based private Nanavati Hospital, where he was admitted by prison authorities following the HC's intervention, the NIA said. Varavara Rao’s counsel Grover told a bench of Justices SS Shinde and NJ Jamadar that after being discharged from the Nanavati Hospital in February this year, Rao had developed three additional health ailments. NIA's counsel, Additional Solicitor General Anil Singh, told the High Court that the central agency had filed a "detailed affidavit" opposing Varavara Rao's plea. The bench, however, pointed out that it had an administrative meeting to attend and could not hear further arguments in the matter. Grover then urged the HC to extend Varavara Rao's date of surrender till the next date of hearing. The HC agreed and said Rao needn't surrender till September 25, but added that he must continue adhering to the bail conditions until then, including staying within the jurisdiction of the Mumbai NIA court. In his plea seeking extension of medical bail and modification of the bail conditions, Rao said that as per doctors of the Nanavati Hospital, he is suspected to have a neurological issue, known as cluster headache, which needs further examination. He further said that he continues to suffer from multiple ailments, including urinary tract infection with recurrent hyponatremia, suspicion of the Parkinsons' disease, lacunar infarcts in six major lobes of the brain, and some eye problems. The activist contended that if he returned to custody in the Taloja prison, which was not equipped to cater to his medical problems, his health would certainly deteriorate and he might die. Thus, he sought an extension of his medical bail for another six months. "All medical parameters of the applicant go to show that if he is sent back to judicial custody, it will not be long before his condition reverts to what it was," Rao's plea read. On Monday, while extending his interim medical bail till September 25, the HC posted the matter for hearing to September 27. With input from PTI
No comments:
Post a Comment