Pendyala Hemlatha, wife of renowned Telugu poet P Varavara Rao had moved the Bombay High Court in a new petition under Article 226 of the Constitution through advocate R Satyanarayan today. Senior Advocate Indira Jaising made submissions on Dr. Rao’s behalf. Additional Solicitor General Anil Singh appeared for the National Investigation Agency.

The Bench of Justices AK Menon and SP Tavade have ordered for a medical examination to gauge the health status of Dr. Rao, reports per Bar and Bench. The court added that the exam be conducted via video today itself, if possible, with the participation of doctors from Nanavati Hospital who had earlier issued a report on Dr. Rao’s condition. The medical report has to be submitted to the court before November 16.

Further, it clarified, “If the panel feels that the assessment of the medical condition is not possible on video call, then they can visit the Taloja Jail in consultation of the jail authorities.”

Submissions made by petitioner

Senior Advocate Jaising contended in court today, “I hesitate to make bold statements, but I don’t mind saying this that I apprehend he will lose his life if he continues in jail. He suffers from a neurological condition, he is bedridden, his catheter is not changed for more than 40 days.”

“He is entitled to be set on liberty; he is sick. I am only seeking he be transferred to Nanavati Hospital, and an independent medical investigation be called for, to chart out the further course of action for him. We are no experts in these matters”, she added.

Pointing at his deteriorating neurological health, Ms. Jaising said, “Rao had suffered lacerated wounds on his head when he was admitted in St. George’s hospital. He is suffering from dementia. His mental condition because of his physical condition was not correct and his condition was not corrected. His neurological status has not improved. This is from Nanavati where he was detected Covid-19 positive. Despite such report, why was he sent back to jail?… even the decisions of NIA to move to the Taloja Jail is unfathomable.”

Perplexed at why Dr. Rao has not been granted bail, she reportedly argued, “The reason for rejecting his bail was that he is accused under the UAPA, that he is a ‘terrorist.’ There is a list of 25 matters wherein he is allegedly accused. Let me point out, barring 2, he is acquitted in all.”

Taking cognisance of the need of medical care, the court reportedly opined, “A medical assessment cannot be opposed by the State. Chief PP Deepak Thakare, what we propose is get team of doctors from Nanavati Hospital to assess his situation.”

The matter will now be taken up on November 17 before vacation Bench of Justices SS Shinde and Madhav Jamdar.

Content of the writ petition

The plea filed by Pendyala Hemlatha sought immediate release of the poet on medical grounds citing the failure of the Government authorities to provide proper medical treatment in jail, as reported by Bar and Bench.

The plea stated that depriving appropriate medical treatment in jail to the poet is a fundamental right violation of his health, dignity and life under Article 21 of the Constitution of India.

Further, it submitted that his detention in jail amounts to cruelty and fair monetary compensation should also be dispensed to him. Deeply anguished by the medical state of Dr. Varavara Rao in jail, the plea further added that, “Ever since he has been kept in Taloja jail, bed ridden, on diapers and a urinary bag with two co-accused as his 24-hour attendants, he can move only in a wheelchair and is mostly bed-ridden.”

Blaming the State’s callousness in arranging for the mental and physical upkeep of Dr. Rao, the petition asked, “Can the State be held responsible for the continuous deterioration of medical health of Petitioner’s husband, who is 81 years of age, and tested COVID positive while in judicial custody, has several comorbidities and whether the said imprisonment and denial of bail is not a form of cruel and inhuman treatment during the pendency of trial?”

On October 15, Pendyala Hemlatha had moved the Supreme Court through a writ petition that sought his immediate release on deteriorating medical grounds. The top court refused to intervene although it did take cognisance of the violation of his fundamental Right to Life due to inhumane jail conditions. It had instead asked the Bombay High Court to list his bail plea on October 29.

Related:

A birthday behind bars: P Varavara Rao turns 80 years old
List Varavara Rao’s bail plea at the earliest: SC tells Bombay HC
Varavara Rao’s health deteriorates, wife moves SC for release on medical grounds

The post No bail for Varavara Rao yet, but HC orders medical exam appeared first on SabrangIndia.

Photo Courtesy: Pamella D’Mello

Seven months since the Apex Court brought the curtains down on private mining in Goa, there is still no action from the government on reserving the state for mining by a Goa Mineral Development Corporation under Section 17A (2) of the MMDR Act. If this option were to be chosen by the Goa government, there would be no need of auctions and therefore no prospect of any companies from outside the state taking over the mining industry. Mining activity (not extraction) can re-start immediately as there are more than 10 million tonnes of ore already excavated and lying within leases and outside leases, which according to the Goa Foundation, belong to the state government.

If the auction route is contemplated, mining will take several years for re-start. The process will not be in the best interests of the people of the state. This is still the considered stand of the Goa Foundation.

However, while the state is dilly-dallying because of its continuing close links with the mining companies and lease-holders, the mining dependent employees and workers are being punished for no fault of theirs. A press conference addressed by Claude Alvares of the Goa Foundation issued a detailed analysis of the situation. This was issued yesterday, October 20, and contains details on how and why the Goa government is actively refusing to help them out in their moment of distress.

The Supreme Court, in its judgment on February 7, 2018, noted that a sum of Rs.3,000 crores were due to the government from the mining lease-holders. It observed:
“We were informed by the learned Additional Solicitor General that show cause notices have now been issued to some mining lease holders demanding huge amounts – some running into hundreds of crores of rupees towards value of ore extracted in excess of the environmental clearance. We were handed over some sample show cause notices (about 12) issued in September and October 2017 and the figures are quite staggering – the demand raised being about Rs. 1500 crores! Similarly, from the Summary of Mining Audit Report submitted by the auditors (and handed over to us by the learned Additional Solicitor General – for the period July 2016 to December 2016) the amount demanded (including interest) by the State of Goa from the mining lease holders through show cause notices issued is about Rs. 1500 crores! And without making any serious attempt to recover such huge amounts, the State of Goa has granted second renewal of mining leases and the MoEF played ball by lifting the abeyance order in respect of the environment clearances. The inferences that can be drawn are quite obvious.”

It further directed that:
“The State of Goa will take all necessary steps to expedite recovery of the amounts said to be due from the mining lease holders pursuant to the show cause notices issued to them and pursuant to other reports available with the State of Goa including the report of Special Investigation Team and the team of Chartered Accountants.”
The Goa Foundation has received, in response to queries under the RTI Act, a list of show cause notices issued by the government to former lease-holders which they have now want shared with the media and the public, especially the mining-dependent. These show cause notices were issued on the basis of reports of the Comptroller and Auditor General (CAG) and the Committee of Chartered Accountants appointed by the Goa Government itself. The Supreme Court has directed the state government to expedite recovery.
 

The total amount recoverable, therefore, is in excess of Rs. 3,000 crores. As far as we are aware, not a single rupee has been recovered so far. (In contrast, Odisha, under the BJD government, had issued show cause notices of around Rs. 17,500 crores, and recovered over Rs. 13,500 crores.)

If the amounts under the show cause notices are recovered, then the mining dependents need not be on perpetual dharna (protest), begging for help.
The amounts recoverable are categorized below:
 

 
The largest amount due is from Vedanta Limited: Rs. 1,647.41 crores.

The Goa Foundation has demanded that the Goa Govt obeys the SC order and expedites the recovery of these large amounts. If not, the assets, accounts and buildings of these lease-holders need to be taken over by the state. The money thus recovered should be used to pay the dues of all the mining dependent in the state. The mining dependent cannot be made to suffer like this. When the government wants, it goes out of its way to enforce its will. As media has reported, the state government has acquired land from Subhash Shirodkar for Rs.70 crores when there are no plans to use this land or do anything with it.

In the present case, the government of Goa is simply not willing to remove itself from acting the influence of the mining lobbies in the State. Despite Rs.3,431 crores due from the reports of two agencies, it is unable to help the mining dependent. Despite having Rs.180 crores in the Mineral Foundations, it is unable to help the mining affected. All it continues to harp on is amend the law and hand the leases back to the same mining companies.

RTI Information Collected by the Goa Foundation will be uploaded here:

Showcause notices issued
 
 

The post Goa Govt’s Refusal to Implement SC Order Causes Spiral in Mining Dues & Workers Distress appeared first on SabrangIndia.