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Varavara Rao seeks extension of medical bail

The Bombay High Court had granted bail to Rao owing to his deteriorating health condition in February for a period of 6 months

Sabrangindia 04 Sep 2021

Extention of BailImage Courtesy:thehindu.com

Dr. Varavara Rao, the Telugu poet accused in the Bhima Koregaon case, has approached the Bombay High Court for extension of his medical bail and also seeking permissions to reside in his home in Telangana, on the grounds that he is still ailing and has not flouted any bail conditions.

While the court, when it granted bail of 6 months, had stated that he was free to be discharged from Nanavati Hospital, it directed that Rao cannot leave the jurisdiction of Mumbai. In his current plea he has mentioned that it is very difficult for him staying with his 72-year-old wife in Mumbai, away from his home, as the same is unaffordable in terms of living expenses and health services. The court is likely to hear the plea on September 6. 

It is pertinent to note that out of all the accused in Bhima Koregaon case, Rao is the only one who has been granted such temporary bail, while others continue to languish in prison. Fr. Stan Swamy who was 84 years of age, died on July 5 in his many attempts to seek freedom from jail. 

In February, the Bombay High Court had granted medical bail to Rao owing to his deteriorating health in the past one year and while also taking into consideration his advanced age.

He was admitted to the hospital multiple times over to various reasons including contracting Covid-19 and some infections, and he was finally granted bail after the court took a humanitarian view towards his condition.

Rao was arrested in August 2018 but was remanded to house arrest until November 2018, when he was taken to Pune. It was alleged that Rao was a member of banned organisation-Communist Party of India (Maoist) and was actively involved in arranging funding and providing arms and ammunition to the organisation to wage war against the established Government.

Health condition

While granting him bail for 6 months, the court had perused the many hospital admissions of Rao and the many ailments he suffered from while referring to his medical records from the hospitals. They considered that apart from other ailments, Rao suffered from cerebral atrophy which may be age induced, and that he has suffered from bouts of delirium induced by electrolyte imbalances. The court held that there can be no doubt that Rao would face acceleration and intensification of ailments if he continues to remain in custody.

Even though the Hospital where he was admitted deemed him fit for discharge, the court took the view that condition of old age, sickness, infirmity and multiple health ailments suffered by him indicate that his continued custody would be incompatible with his health conditions and that sending him back to Taloja Central Prison would amount to endangering his life, thereby violating his fundamental right under Article 21 of the Constitution of India.

The court was inclined to grant bail to Rao while observing, “With all humility at our command, keeping in view human consideration, the well recognized fundamental rights of the undertrial to have quality medical aid for serious ailments suffered by him, advanced age, inadequate facilities in the hospital attached to the Taloja Central Prison, we are of the opinion that this is a genuine and fit case to grant relief; or else, we will be abdicating our constitutional duty and function as a protector of human rights and right to health covered under right to life guaranteed by Article 21 of the Constitution of India”.

Related:

Fr Stan Swamy’s death highlights the need to repeal UAPA
Bhima Koregaon case: 3 accused test Covid positive at Taloja jail
Have the courts not learnt anything about medical bail?

Varavara Rao seeks extension of medical bail

The Bombay High Court had granted bail to Rao owing to his deteriorating health condition in February for a period of 6 months

Extention of BailImage Courtesy:thehindu.com

Dr. Varavara Rao, the Telugu poet accused in the Bhima Koregaon case, has approached the Bombay High Court for extension of his medical bail and also seeking permissions to reside in his home in Telangana, on the grounds that he is still ailing and has not flouted any bail conditions.

While the court, when it granted bail of 6 months, had stated that he was free to be discharged from Nanavati Hospital, it directed that Rao cannot leave the jurisdiction of Mumbai. In his current plea he has mentioned that it is very difficult for him staying with his 72-year-old wife in Mumbai, away from his home, as the same is unaffordable in terms of living expenses and health services. The court is likely to hear the plea on September 6. 

It is pertinent to note that out of all the accused in Bhima Koregaon case, Rao is the only one who has been granted such temporary bail, while others continue to languish in prison. Fr. Stan Swamy who was 84 years of age, died on July 5 in his many attempts to seek freedom from jail. 

In February, the Bombay High Court had granted medical bail to Rao owing to his deteriorating health in the past one year and while also taking into consideration his advanced age.

He was admitted to the hospital multiple times over to various reasons including contracting Covid-19 and some infections, and he was finally granted bail after the court took a humanitarian view towards his condition.

Rao was arrested in August 2018 but was remanded to house arrest until November 2018, when he was taken to Pune. It was alleged that Rao was a member of banned organisation-Communist Party of India (Maoist) and was actively involved in arranging funding and providing arms and ammunition to the organisation to wage war against the established Government.

Health condition

While granting him bail for 6 months, the court had perused the many hospital admissions of Rao and the many ailments he suffered from while referring to his medical records from the hospitals. They considered that apart from other ailments, Rao suffered from cerebral atrophy which may be age induced, and that he has suffered from bouts of delirium induced by electrolyte imbalances. The court held that there can be no doubt that Rao would face acceleration and intensification of ailments if he continues to remain in custody.

Even though the Hospital where he was admitted deemed him fit for discharge, the court took the view that condition of old age, sickness, infirmity and multiple health ailments suffered by him indicate that his continued custody would be incompatible with his health conditions and that sending him back to Taloja Central Prison would amount to endangering his life, thereby violating his fundamental right under Article 21 of the Constitution of India.

The court was inclined to grant bail to Rao while observing, “With all humility at our command, keeping in view human consideration, the well recognized fundamental rights of the undertrial to have quality medical aid for serious ailments suffered by him, advanced age, inadequate facilities in the hospital attached to the Taloja Central Prison, we are of the opinion that this is a genuine and fit case to grant relief; or else, we will be abdicating our constitutional duty and function as a protector of human rights and right to health covered under right to life guaranteed by Article 21 of the Constitution of India”.

Related:

Fr Stan Swamy’s death highlights the need to repeal UAPA
Bhima Koregaon case: 3 accused test Covid positive at Taloja jail
Have the courts not learnt anything about medical bail?

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