The National Investigation Agency on Monday told the Supreme Court that it is not justifiable for Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao to seek bail on constitutional grounds when his acts are against the interest of the society and state.
"The act of the petitioner/accused has a direct impact on the unity, integrity, security and sovereignty of India. Needless to revisit the history even to date the Naxalite- Maoist insurgency has been plaguing in this country that caused immense destruction, and very significantly took many lives of police, security personnel, etc., which is principally spearheaded by the Communist Party of India (Maoist). The present petitioner/accused is one of those members who is part of giving mileage to such subversive activities against this country. As such, it is not justifiable for an accused of such offence to seek relief on constitutional grounds when his acts are itself against the interest of state and society. Hence, the petitioner/accused is not entitled to any relief keeping in view of the gravity of the offence and its bearing on the state," affidavit filed by Santosh Rastogi, IPS, Inspector General, NIA stated.
Varavara Rao had approached Supreme Court assailing Bombay High Court's order dated April 13 by which although the High Court had refused to grant him permanent bail but had extended the period of temporary bail by three months for his cataract operation and issued directions to expedite the trial.
On July 19, 2022 the bench comprising Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia while posting Rao's bail plea for final hearing on August 10 had extended the interim protection earlier granted on medical grounds. It had also sought the Central Agency's response.
Opposing the bail plea, NIA has said that the accused has been working rigorously in furtherance of CPI (Maoist) activities and is a part of larger conspiracy.
Seeking dismissal of the SLP, the agency has stated that, "The evidence clearly manifest the fact that, the petitioner/accused along with his co accused was constantly in the process of fulfilling the agenda of CPI (Maoist) and the same is being acknowledged & appreciated by the members of CPI (Maoist). It is further humbly submitted that, the petitioner/accused have been working rigorously and his contribution in furtherance of CPI (Maoist) activities is proven by the evidence.
It goes without saying that, the Urban Front has pivotal role to play in achieving the object of CPI (Maoist) to overthrow the government established by law. As such, it is very crucial to note as to how the petitioner/accused have been exceedingly contributing towards achieving the object of CPI (Maoist) and he is part of the said larger conspiracy. Despite the said fact, the petitioner/accused trying to subdue the commission of offence committed by him."
Asserting that the High Court has time and again passed appropriate directions, NIA has stated in the affidavit that the accused now cannot term impugned order as perverse and erroneous especially when he has enjoyed the time granted by High Court vide February 22, 2021 order.
NIA has stated that only after due verification of medical records and opinion from Nanavati Hospital, Mumbai the High Court had dismissed Varavara Rao's interim application.
"The petitioner/accused had enjoyed almost eight months of time during the pendency the above said interim application. Therefore, it would be legal cogent to say that the petitioner/accused has enjoyed medical bail even after the expiry of initial six months period of time granted vide order dated 22.02.2021 and till disposal of the interim application vide No. 2018/2021 on 13.04.2022. It is further humbly submitted that, the orders passed on 22.02.2021 and 13.04.2022 are purely based on the medical opinion of the Nanavati Hospital Mumbai," the affidavit states.
It has also been stated in the affidavit that prisoners as and when required are being provided with specialist treatment by Jail Authorities in JJ Hospital, Mumbai.
Central Agency's affidavit has been filed through AOR Arvind Kumar Sharma.
Case Title: Dr P Varavara Rao vs National Investigation Agency & Ors