Appeal To Release Varavara Rao From Two Former CICs

From Shailesh Gandhi, shaileshgan@gmail.com M Sridhar Acharyulu, cicsridhar@gmail.com Former Central Information Commissioners To Shri Uddhav Thakare Hon'ble Chief Minister Maharashtra Government Mumbai 31.5.2020 Through email cm@maharashtra.gov.in Respected Chief Minister Sub: A request to release P Varavara Rao, on humanitarian grounds…regarding. We, the former Central Information Commissioners, request you to release 80-year-old ailing citizen of India, renowned Telugu Poet, Journalist and Lecturer Sri P Vara Vara Rao, who is in judicial custody for the last 18 months in Bhima Koregaon case of alleged attempt to murder the Prime Minister Modi. Absolute lack of evidence The Pune Police and State Investigation Teams have investigated this case for around 16 weeks and could not collect even an iota of evidence to prove the wild charge that this 80-year-old man from Hyderabad has conspired/attempted to murder Prime Minister Narendra Modi. The Maharashtra Government under your leadership based on the investigation stated that there was no evidence against Varavara Rao and others in this case and also declared that very soon they would close the file. But, at that time, suddenly the National Investigation Authority NIA has taken over the investigation into its hands and again stalled the release of Varavara Rao on bail. So far, no progress in investigation against Varavara Rao is reported by NIA also. Constitutional position The subject of 'Law and order' is in the State List as per the distribution of powers under Indian Constitution, which cannot be taken away by the Centre without any such request from the State or by the Court. The usurping of the case will also mean usurping of the power of the State, which is against the equal sovereignty of States and thus violates federalism. Constitutionally and practically speaking the state of Maharashtra is more eligible and equipped to deal with this local case, rather than any central investigation agency. Legal position It is a well-established principal of criminal justice that the accused shall be presumed innocent until the charge is proved beyond reasonable doubt. Because of lack of evidence, Varavara Rao has every right to be acquitted as not guilty. Only awaited legal formality is the final judgment of acquittal by court. The length of waiting for final judgment is not known. The burden of proof of his guilt is totally on the shoulders of state, which has every authority to discharge when truth of his non-involvement in such alleged attempt was established. The State police tried its best in probing the allegations but what can anybody do when the allegation was not true and because of that any amount of investigation may not yield any piece of evidence. In such an event, Varavara Rao deserves at least release on bail, on the above-mentioned strength of legal position. Factual position Varavara Rao, at this advanced age of 80s, with several health issues, living in Hyderabad with family (wife and three daughters), with his most honest history as a simple teacher, journalist (Editor of Srijana, monthly literary magazine in Telugu) and poet cannot be expected to jump the bail, which should have been the strong ground for granting bail. This is the factual position that entitles him to be released on bail. Humanity position Not the least, the humanity demands his release. Before he was taken into judicial custody, Varavara Rao was suffering from multiple diseases like piles, thyroid issue, Prostate gland enlargement, Coronary artillery issue, acidity and migraine synesis etc. Recently he developed some more health problems in prison. It is reported that Varavara Rao fell ill on 29th May and shifted to JJ Hospital from Taloja jail in Maharashtra, which shocked his near and dear. The family members were in darkness about his ill-health until the JJ Hospital released a bulletin that his vitals are normally functional. His health condition should be taken into be considered and the state should kindly allow the veteran poet to spend his rest of life with his seventy-two-year-old life partner and daughters n peace on these humanitarian grounds. COVID19 Condition The Supreme Court recently directed release of convicted and under-trial detainees to contain the coronavirus spread by decongestion of prisons. It is unfortunate that either COVID19 crisis, or Supreme Court's direction did not come to his rescue. Several thousands of prisoners were given either parole or bail to go out of prison, from dozens of jails in India in last two months, though some of them were charged with offences for which 7 years of imprisonment could be imposed on proof of guilt. There are already 3600 inmates in Taloja prison, which has capacity of just 2100, including Varavara Rao, who because of advanced age and ill...

Appeal To Release Varavara Rao From Two Former CICs

Shailesh Gandhi & Prof M Sridhar Acharyulu

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