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On April 13, 2022, the Bombay High Court extended temporary bail of Telugu poet Varavara Rao by three months, while refusing the petition seeking permanent bail and disallowing permission to stay in his Telangana home in Hyderabad.
The bench comprising Justices Sunil Shukre and GA Sanap granted the temporary period of bail so that the 82-year-old can undergo his cataract surgery. The bench also issued direction to expedite the trial.
Most importantly, during the course of the argument, the bench took note of certain facts concerning deficiencies in Taloja prison that were brought to their attention. The court has directed the Inspector General of Prisons to submit a report on the number of medical officers, nursing staff etc. available in all prisons in Maharashtra by April 30.
Dr. Varavara Rao, the Telugu poet accused in the Bhima Koregaon case, had 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.
In February 2021, 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 for 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.
While the court, when it granted bail for six 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 had mentioned that he couldn’t afford to live in Mumbai with his 72-year-old wife away from his home (Telangana).
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.
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.
While granting him bail for six months the court observed, “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.”
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