Bombay High Court Directs Immediate Medical Examination Of Varavara Rao To Consider Prayer For Shifting To Hospital

The Bombay High Court on Thursday directed immediate medical examination of 81-year-old Varavara Rao, lodged in Taloja jail in the Bhima Koregaon case, to ascertain whether he needs to be shifted to Nanavati Hospital.The Court directed that a panel of doctors from Nanavati Hospital should examine him via video call immediately, either today itself or at the latest by tomorrow morning. If the doctors form the opinion after the video call that physical examination of the undertrial is needed, the same should be done immediately.The said examination is to be conducted by the same team of doctors that examined Rao earlier and gave a report dated July 30. The Court has posted the matter next on November 17 for the consideration of the medical report. It will decide on the prayer for shifting Rao - who is said to be suffering from dementia and several comorbidities- to hospital from jail based on the medical report.The vacation bench of Justice AK Menon and Justice SP Tavade started hearing the matter at 3 pm. The Court heard the matter in a special sitting after the Supreme Court's order dated October 29 asking the High Court to decide the matter within 15 days.Appearing on behalf of Varavara Rao in his appeal against the rejection of bail and the writ petition filed by his wife, Senior Advocate Indira Jaising began her submissions. She referred to the National Investigation Agency's affidavit in the plea and submitted that the agency has not disputed the averments relating to the medical condition of Varavara Rao."My cause of action for the writ petition in the violation of rights under Article 19(1)(a) and 21 of the Constitution of India", Jaising said. She pointed out that the Supreme Court in its order dated October 29 asked the Bombay High Court to decide the matter within 15 days. Accused persons do not lose their fundamental rights except to the extent of their right to mobility as has been taken away by the procedure established by law. All the fundamental rights of the prisoner remain intact, Jaising submitted.She further asserted that Varvara Rao's health is deteriorating-"Yesterday, Senior Advocate Mihir Desai received a call from co-accused Father Stan Swamy that Varavara Rao's health is declining. I am seeking an urgent interim relief to shift Varavara Rao from Taloja jail to Nanavati Hospital. The ultimate relief I am seeking is that he be set at liberty as his rights are being violated. There is legitimate apprehension that Varavara Rao might lose life if he continues in this manner. He was earlier removed from Nanavati Hospital and put to Taloja jail when the proceedings were pending here, behind the back of the Court.""He has dementia, he is bed ridden. He has developed severe urinary tract infection. I daresay if he loses his life in jail, it will be a case of custodial death", Sr Adv Jaising persisted.She further informed the bench that her second interim prayer is to constitute an independent medical board of Nanavati hospital doctors to examine Rao.Elaborating on his medical condition, Sr Adv Jaising said that on May 15, Rao was shifted to Taloja jail hospital. The court directed the jail authorities to file a report regarding his medical condition, which was not submitted. Thereafter, he was admitted to the hospital again and the family was not informed. On June 26, his bail application was rejected. In July, his health deteriorated again and he was admitted to JJ Hospital.In July, Rao's family came to know about his being in JJ Hospital. When they visited him, they found him in a pitiable condition in a pool of urine without a nurse or an attendant. In jail, a co-accused, who is not a medical professional, was asked by authorities to look after Varavara Rao, Jaising said.Then, Rao tested positive for Covid-19 on July 16. "We had forewarned when he first moved bail application that he has comorbidities. On testing positive for Covid-19, he was shifted to St.George hospital. Later due to international pressure, he was shifted to Nanavati Hospital by the State. However, the jail authorities shifted him back to Taloja jail from Nanavati without informing the Court and family members. Since his return to jail on August 28, he is being looked after by his co-accused" Jaising said."He is bed-ridden and is on diapers, he cannot control his urination. So he is with urine bag and his catheter has not been removed. Is this man going to flee away from justice?", Jaising argued.Referring to NIA's reply in the matter, Jaising submitted that there is no whisper in the reply regarding the current medical condition of Varavara Rao. The only thing they say is he is accused under UAPA and say is a terrorist, Jaising said."In most cases cited by NIA, Varavara Rao was acquitted or FIRs were quashed. I wish NIA had done their homework better while preparing their reply", Sr Adv Jaising argued.On the other hand, NIA's counsel Additional Solicitor General Anil Singh submitted -"We cannot underestimate our...

Bombay High Court Directs Immediate Medical Examination Of Varavara Rao To Consider Prayer For Shifting To Hospital

Nitish Kashyap

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