Varavara Rao | SabrangIndia News Related to Human Rights Sat, 20 Aug 2022 10:03:44 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Varavara Rao | SabrangIndia 32 32 Stay in Mumbai, No Gathering Visitors at Home, Don’t Contact Co-Accused: Varavara Rao Bail Terms https://sabrangindia.in/stay-mumbai-no-gathering-visitors-home-dont-contact-co-accused-varavara-rao-bail-terms/ Sat, 20 Aug 2022 10:03:44 +0000 http://localhost/sabrangv4/2022/08/20/stay-mumbai-no-gathering-visitors-home-dont-contact-co-accused-varavara-rao-bail-terms/ The court has asked the octogenarian poet-activist to furnish a fresh bond of Rs 50,000 with two solvent sureties in the like amount.

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Varavara Roa
Varavara Rao. Image Courtesy: ANI
 

Mumbai: A special court here has directed poet-activist P Varavara Rao, an accused in the Elgar Parishad-Maoist links case who was recently granted bail on medical ground by the Supreme Court, to reside in Mumbai and not to leave the city without its permission.

It also restricted Rao from having a “gathering of visitors” at his residence in Mumbai, and asked him not to indulge in any “criminal activities, similar to the case against him or otherwise” and not to contact any co-accused in the case or any other person involved in similar activities.

The apex court had granted bail to Rao on August 10.        

His bail conditions were set by the special court hearing cases related to the National Investigation Agency (NIA) recently, the details of which were made available on Saturday.

The bail conditions mandate Rao to reside within the area of greater Mumbai and not leave the city without prior permission of the NIA court.

He shall furnish the detailed address of his residence in greater Mumbai and his contact number, along with the numbers of his three close relatives and persons residing with him, the court said.

It directed the accused not to make any statement to media – be it print, electronic and social – regarding the case.

He shall not commit any other offence either of similar or any other nature and not indulge in any activity regarding which present crime is registered against him, the court said.

Further, Rao has been directed not to contact or communicate with the co-accused or any other person involved in similar activities.

He shall not make any call either domestic or international to any person indulging in similar activities through any mode of communication, Rao’s bail condition reads.

The accused has been asked not to tamper the prosecution witnesses, either personally or through any other person.

He shall not abscond or try to flee away from justice. There shall not be any gathering of visitors where applicant shall reside at greater Mumbai, the court said.

The court has asked the accused to furnish a fresh bond of Rs 50,000 with two solvent sureties in the like amount.

The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

The Pune Police had also claimed the conclave was organised by people with alleged Maoist links. The National Investigation Agency (NIA) later took over the probe in the matter.

Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial in the case. An FIR was lodged by the Pune Police on January 8, 2018 under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

Courtesy: Newsclick

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Bhima Koregaon case: SC grants Varavara Rao bail on medical grounds https://sabrangindia.in/bhima-koregaon-case-sc-grants-varavara-rao-bail-medical-grounds/ Wed, 10 Aug 2022 08:28:18 +0000 http://localhost/sabrangv4/2022/08/10/bhima-koregaon-case-sc-grants-varavara-rao-bail-medical-grounds/ SC deletes HC condition to surrender after three months

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Varavara Roa

In huge relief for Varavara Rao, the 84-year-old Telugu poet who is one of the accused in the Bhima Koregaon conspiracy case, the Supreme Court has granted him bail on medical grounds. Granting him further relief, the court also did away with the Bombay High Court’s condition for him to surrender after three months.

Rao had filed a Special Leave Petition (SLP) challenging a Bombay High Court order that denied him permanent bail on medical grounds. Rao had been granted temporary bail on medical grounds in April this year, but there was a requirement for him to surrender at the end of the bail duration. Though extensions had been granted previously, Rao had not been granted permanent bail.

This despite the fact that he is not only elderly, but his medical condition has been declining behind bars. He has suffered from a bout Covid-19, and was once even taken to JJ Hospital in an unconscious state. His family have often mentioned that his memory has become foggy, and speech has turned incoherent.

Submissions by Rao’s advocate and NIA

Senior Advocate Anand Grover appeared for Rao and submitted that Rao had many underlying comorbidities including Parkinson’s Disease. However, Additional Solicitor General SV Raju denied that Rao’s scan showed any evidence of Parkinson’s Disease, and also claimed that Rao’s medical condition was not very serious.

According to LiveLaw, the National Intelligence Agency (NIA) had opposed the grant of permanent bail to Rao submitting his acts have “a direct impact on the unity, integrity, security and sovereignty of India,” and were “against the interest of state and society.”

Court’s observations

However, today, a bench of Justices UU Lalit, Aniruddha Bose and Sudhanshu Dhulia, took into account Rao’s age, his ailments and the fact that he had already spent two and a half years in captivity. The bench also noted that though the chargesheet has been filed, charges against him are yet to be framed and the trial is yet to begin.

According to LiveLaw, the bench observed, “The medical condition of the appellant has not improved to such an extent over a period of time that the facility of bail which was granted earlier be withdrawn. Considering the totality of circumstances, the appellant is entitled to bail on medical grounds.” The court also deleted the condition imposed by the Bombay High Court for Rao to surrender after three months.

The court allowed Rao to seek medical attention as per his choice and keep the NIA authorities informed of his medical condition. The court also ordered Rao to not leave the area of Greater Mumbai without express permission from the Special NIA Court. The court also forbade him from contacting any witnesses or doing anything to influence the investigation. The court clarified that the grant of bail was not to be misconstrued as a reflection on the merits of the matter.

Brief Background

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.

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.

On April 13, 2022, the Bombay High Court extended the 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.

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 in Telangana.

In July 2022, the Supreme Court had extended the interim protection to the activist and poet, till further orders.

It is pertinent to note that out of all the accused in Bhima Koregaon case, Rao is the only one who had been granted temporary bail on medical grounds, while other elderly and ailing accused continue to languish in prison. Readers would recall that 84-year-old Fr. Stan Swamy who had been suffering from Parkinson’s Disease and had never fully recovered from a bout of Covid-19, died on July 5, 2021, incidentally on a day when his bail plea was being heard.

The copy will be updated with a copy of the bail order when it becomes available.

 

Related:

Bhima Koregaon case: Supreme Court extends Varavara Rao’s interim bail until further orders

Revolutionary poet activist Varavara Rao’s medical bail extended by 3 months

Varavara Rao granted interim bail in Surajgar arson case

Bombay HC order on medical bail for Varavara Rao sets an imp precedent

Varavara Rao seeks extension of medical bail

Varavara Rao tests Covid-19 positive!

Varavara Rao is in hospital today, but the risk to his life is not over: Family

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Bhima Koregaon case: Supreme Court extends Varavara Rao’s interim bail until further orders https://sabrangindia.in/bhima-koregaon-case-supreme-court-extends-varavara-raos-interim-bail-until-further-orders/ Tue, 12 Jul 2022 10:14:13 +0000 http://localhost/sabrangv4/2022/07/12/bhima-koregaon-case-supreme-court-extends-varavara-raos-interim-bail-until-further-orders/ The Apex Court adjourned his plea for permanent bail on medical grounds to July 19

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Supreme Court
Image Courtesy: thehindu.com

On July 12, 2022, the Supreme Court extended the interim protection to activist and poet, Dr P Varavara Rao till further orders. The bench comprising Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia adjourned his plea for permanent bail on medical grounds to July 19, 2022.

The 83-year-old had challenged the Bombay High Court order which rejected his appeal for permanent medical bail. He is currently on bail on medical grounds, and was to surrender on Tuesday.

As reported by the Hindustan Times, while solicitor general Tushar Mehta, appearing for the National Investigation Agency (NIA), sought an adjournment and did not object to the extension of the protection, Senior advocate Anand Grover, who appeared for Rao, did not object to NIA’s request.

Mr. Mehta requested the bench to extend the interim bail only till July 19, but considering the possibility that the case may be adjourned on July 19 too for some reason, the court denied the request. The Court reportedly stated, “If some situation occurs on the next date and the matter is not taken up, we do not want the man to be picked up.”

In his appeal, Rao has said that he has undergone over two years of incarceration as an under-trial, and is currently enlarged on bail on medical grounds by the Bombay High Court, reported Time Of India. “Any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination,” the plea reportedly stated. It further stated that Rao had challenged the high court order as he was not granted an extension of bail despite his age and precarious health condition, and his prayer to shift to Hyderabad was also denied, reported the Indian Express.

Brief Background

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, 2021, incidentally on a day when his bail plea was being heard.

While granting him bail for six months the court had 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.”

On April 13, 2022, the Bombay High Court extended the 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.

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 in Telangana.

Related:

Revolutionary poet activist Varavara Rao’s medical bail extended by 3 months
Varavara Rao granted interim bail in Surajgar arson case
Bombay HC order on medical bail for Varavara Rao sets an imp precedent
Varavara Rao seeks extension of medical bail
Varavara Rao tests Covid-19 positive!
Varavara Rao is in hospital today, but the risk to his life is not over: Family

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Revolutionary poet activist Varavara Rao’s medical bail extended by 3 months https://sabrangindia.in/revolutionary-poet-activist-varavara-raos-medical-bail-extended-3-months/ Wed, 13 Apr 2022 11:28:21 +0000 http://localhost/sabrangv4/2022/04/13/revolutionary-poet-activist-varavara-raos-medical-bail-extended-3-months/ Bombay HC grants medical bail extension but refuses permanent bail and disallows travel to Hyderabad

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https://www.freepressjournal.in/Image courtesy: https://www.freepressjournal.in

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.”

 

Related:

Varavara Rao granted interim bail in Surajgar arson case

Bombay HC order on medical bail for Varavara Rao sets an imp precedent

Varavara Rao seeks extension of medical bail

Varavara Rao tests Covid-19 positive!

Varavara Rao is in hospital today, but the risk to his life is not over: Family

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Should we send Varavara Rao to prison in the third wave?: Bombay HC asks NIA https://sabrangindia.in/should-we-send-varavara-rao-prison-third-wave-bombay-hc-asks-nia/ Fri, 07 Jan 2022 10:04:31 +0000 http://localhost/sabrangv4/2022/01/07/should-we-send-varavara-rao-prison-third-wave-bombay-hc-asks-nia/ Next hearing is on February 4; court has extended the time granted to Rao to surrender till February 5

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Bombay High CourtImage Courtesy:theleaflet.in

The Bombay High Court Bench of Justices SS Shinde and NR Borkar has asked the National Investigation Agency (NIA) special counsel Advocate Sandesh Patil whether the octogenarian Bhima Koregaon accused poet Varavara Rao should to be sent to prison amidst the third wave of the Covid-19 pandemic.

According to a report in Bar & Bench, Justice SS Shinde remarked, “We are seriously concerned about all stakeholders in the system, including advocates. We are all like one family. Here also, some of our colleagues have been tested…I do not want to disclose any names.” The bench was hearing a plea by Varavara Rao seeking extension of his medical bail granted by the HC in February 2021.

The Bench opined that the third wave was likely to continue for another 50-60 days, and that the figures reported in this wave are higher than those of the first two waves, stated the news report. Justice Shinde asked all present for the hearing including Senior Advocate Anand Grover appearing for Rao to take extra care. According to the news report, Rao had filed his response to the report submitted by Nanavati Hospital which indicated that his vital parameters seemed to be normal and that the remaining clinical examination showed no significant abnormalities. The medical report was submitted after the High Court on November 29, 2021, had directed NIA to take Rao to a private hospital for medical examination at the expense of the agency in order to determine whether his bail can be extended or not.

Advocate Sandesh Patil, reported B&B, informed the Court that NIA was seeking for some time to take instructions on the plea and brief the Additional Solicitor General who was not in the town for a few days as he had a matter before the Nagpur Bench. The Bench granted time to NIA, but clarified that “it was pertinent that the matter is heard at length before a decision is made”. The next hearing is on February 4 and the Court has extended the time granted to Rao to surrender till February 5.

Related:

Never-the-less, they persisted: Human Rights Heroes of 2021
Have publishers Penguin censored, stalled Varavara Rao’s next book?
Bom HC to hear Dr. Varavara Rao’s bail extension plea on Oct 26

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Have publishers Penguin censored, stalled Varavara Rao’s next book? https://sabrangindia.in/have-publishers-penguin-censored-stalled-varavara-raos-next-book/ Tue, 09 Nov 2021 10:37:25 +0000 http://localhost/sabrangv4/2021/11/09/have-publishers-penguin-censored-stalled-varavara-raos-next-book/ Titled ‘Varavara Rao: India’s Revolutionary Poet,’ edited by N. Venugopal and Meena Kandasamy, it was to be published by Penguin’s Vintage imprint in 2021

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Varavara Roa

Penguin Random House has listed poet, and activist, Varavara Rao, who they describe as “a well-known Telugu poet and an ideologue of Maoist politics” and “also one of the spokespersons in the first ever talks held between the Maoists and the Andhra Pradesh government in 2000” as one of their authors on its website. They put on record that Rao has being “been continually persecuted by the state and intermittently imprisoned since 1973,” adding that when “he was subjected to ‘one thousand days of solitary confinement’ during 1985­-89 in Secunderabad Jail, a leading national daily invited him to write about his prison experiences” and he “expressed himself in a series of thirteen remarkable essays on imprisonment, from prison.” That book ‘Captive Imagination Letters From Prison’ was published by its imprint: India Viking in 2010.

The blog on its website says that Penguin “acquired to publish a collection of poetry” by Rao, titled ‘Varavara Rao: India’s Revolutionary Poet,’ edited by N. Venugopal and Meena Kandasamy. It was to be published under Penguin’s Vintage imprint and released in 2021.

Has publication been stalled, as reported?

The Quint has reported that Penguin Random House which was expected to publish Rao’s collection of poems in June or July 2021 may have “stalled the publication” reportedly citing “concerns” about the “nature of charges” levelled against Rao who was arrested in November 2018 under the Unlawful Activities Prevention Act (UAPA), in connection with the Bhima Koregaon case. Rao is currently on medical bail and the Bombay High Court, has said he “need not surrender before the police or Taloja Jail authorities until November 18”. 

According to The Quint, Penguin has now “decided to publish the book only after the court looks into the case.” The news report also states that the publishers had also sought to select poems which are “less controversial”. 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

A post shared by Orijit Sen (@orijitzen)

 

However, N. Venugopal, who is one of the editors and the nephew of the poet, told SabrangIndia, “The process that began a year ago is still underway. The publishers have time till October 2022, and we hope to see the book before that.” The news report quotes Penguin’s commissioning editor Elizabeth Kuruvilla saying, it was “not the only book in our list whose publication has been delayed in the past pandemic year, as it is undergoing the same rigorous processes we follow for all the books we publish.” 

In October 2020, the publishers had stated on their blog that “Rao is currently incarcerated in the Bhima Koregaon case. About two-thirds of the poems featured here were picked by the poet himself before his arrest.” N. Venugopal, was also quoted then as saying, “This is like fulfilment of a long-cherished dream, as making Varavara Rao’s work accessible to English readers has been my dream for decade. As a person who has closely watched the making of his poems, as one of the first readers in manuscript form, I believe his poetry is an expression of his complete personality that blended social history, alternative people’s politics, people’s right to self-determination and unceasing urge for freedom.”

In August 2021 the National Investigation Agency (NIA) filed draft charges before the Special NIA court in Mumbai, against 15 human rights defenders accused in the Elgar Parishad/Bhima Koregaon case. The NIA had taken over the probe in the Elgar Parishad case from the Pune Police in 2020. While Pune police had already arrested Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Varavara Rao, Arun Ferreira and Sudha Bharadwaj in 2018, the NIA arrested Anand Teltumbde, Gautam Navlakha, Hany Babu, Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagtap, and (now deceased) Father Stan Swamy in 2020.

Father Stan Swamy’s demise in the NIA custody raised much furore and was termed as institutional murder by many. In early July, SabrangIndia’s sister organisation, Citizens for Justice and Peace (CJP) appealed to Maharashtra Chief Minister Uddhav Thackeray to release the 15 accused in the case. The letter focused on the deteriorating health of some accused like Sudha Bharadwaj and others who tested positive for Covid-19 in their incarceration.

 

Related:

No bail, no trial: Sudha Bharadwaj turns 60 in jail!

Bhima Koregaon: Kin of jailed activists write to authorities to not discontinue telephone calls 

Only ‘objectionable’ letters of Bhima Koregaon accused are being withheld by prison authorities: NIA to Bombay HC

Bhima Koregaon: Prisoners accuse ex-jail superintendent of ‘political censorship’

Bhima Koregaon case: NIA files draft charges under UAPA, sedition & conspiracy against 15 accused

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Bom HC to hear Dr. Varavara Rao’s bail extension plea on Oct 26 https://sabrangindia.in/bom-hc-hear-dr-varavara-raos-bail-extension-plea-oct-26/ Fri, 15 Oct 2021 04:05:33 +0000 http://localhost/sabrangv4/2021/10/15/bom-hc-hear-dr-varavara-raos-bail-extension-plea-oct-26/ The court has extended his time to surrender to NIA until October 28 in the interim

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Varavara Rao’s bail extension

The Bombay High Court has further extended Dr. Varavara Rao’s time to surrender to National Investigation Agency (NIA) until October 28, as his application to extend his medical bail remains pending before the court. The bench of Justices Nitin Jamdar and Sarang Kotwal have agreed to hear his application on October 26.

In his application Rao has sought to extend the temporary bail granted to him on medical grounds for a period of 6 months in February, and has also sought permission to stay in Telangana in his home where he can be taken care of by his family, as staying in Mumbai was proving to be expensive for him.

Rao has stated that apart from his neurological issues, he also suffers from lacunar infarcts (dead brain tissue) due to arterial blockages in the brain and has been recommended cataract surgery for his eyes.

Rao was granted temporary bail owing to his deteriorating health condition in February for a period of 6 months. In his 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.

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.

The NIA has opposed Rao’s plea stating that the medical reports do not disclose any major ailment necessitating him to take treatment in Hyderabad, and that any modification to the earlier order will destroy the basis on which it was passed. However, it may be pointed out that the court, while granting bail in February, had noted that Rao suffered from cerebral atrophy and bouts of delirium induced by old age, and had noted that Rao would face acceleration and intensification of ailments if he continues to remain in custody and even though the Hospital had cleared him for discharge, the court had still taken 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.

The application will be now heard on October 26.

The order may be read here:

 

Related:

95% pendency of trial of UAPA cases, 85% cases pending investigation: NCRB report

Bombay HC extends Varavara Rao’s time to surrender to custody until Sept 25

Varavara Rao seeks extension of medical bail

The post Bom HC to hear Dr. Varavara Rao’s bail extension plea on Oct 26 appeared first on SabrangIndia.

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Bombay HC extends Varavara Rao’s time to surrender to custody until Sept 25 https://sabrangindia.in/bombay-hc-extends-varavara-raos-time-surrender-custody-until-sept-25/ Wed, 08 Sep 2021 04:22:27 +0000 http://localhost/sabrangv4/2021/09/08/bombay-hc-extends-varavara-raos-time-surrender-custody-until-sept-25/ The NIA has opposed Rao’s plea seeking extension of his medical bail

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Bombay HCImage Courtesy:indiatoday.in

The Bombay High Court has extended Dr. Varavara Rao’s time to surrender before the NIA till September 25. This even as the court considers his plea for extension of his temporary bail, as also permission to stay in Telangana in his home. 

While the National Investigating Agency (NIA) has opposed the plea, the bench of Justices SS Shinde and NJ Jamadar have adjourned the matter to September 24 while also extending the bail to September 25.

Rao has stated that apart from his neurological issues, he also suffers from lacunar infarcts (dead brain tissue) due to arterial blockages in the brain and has been recommended cataract surgery for his eyes.

NIA’s opposition

The NIA has opposed Rao’s plea stating that the medical reports do not disclose any major ailment necessitating him to take treatment in Hyderabad, and that any modification to the earlier order will destroy the basis on which it was passed. However, it may be pointed out that the court, while granting bail in February, had noted that Rao suffered from cerebral atrophy and bouts of delirium induced by old age, and had noted that Rao would face acceleration and intensification of ailments if he continues to remain in custody and even though the Hospital had cleared him for discharge, the court had still taken 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.

The NIA has further stated that Rao had already raised a plea to be allowed to go to Telangana while seeking bail in February and hence the same plea cannot be raised again. The NIA’s affidavit states that they cannot expect the Hon’ble court to pass orders as per their convenience especially when the accused has prima facie committed offence of serious nature.

Background

Rao was granted temporary bail owing to his deteriorating health condition in February for a period of 6 months. In his 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.

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 due 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.

Related:

Varavara Rao seeks extension of medical bail
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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Varavara Rao seeks extension of medical bail https://sabrangindia.in/varavara-rao-seeks-extension-medical-bail/ Sat, 04 Sep 2021 04:24:22 +0000 http://localhost/sabrangv4/2021/09/04/varavara-rao-seeks-extension-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

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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?

The post Varavara Rao seeks extension of medical bail appeared first on SabrangIndia.

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Varavara Rao granted interim bail in Surajgar arson case https://sabrangindia.in/varavara-rao-granted-interim-bail-surajgar-arson-case/ Thu, 25 Feb 2021 04:39:56 +0000 http://localhost/sabrangv4/2021/02/25/varavara-rao-granted-interim-bail-surajgar-arson-case/ Rao’s lawyers cited Bombay High Court’s judgement granting bail on medical grounds while securing bail in this case

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Varavara Rao

The Nagpur Bench of Bombay High Court has granted temporary bail to 82-year-old Telugu poet Varavara Rao for 4 weeks, following the Principal bench order granting him bail on medical grounds.

Rao was granted bail  for 6 months, in the Bhima Koregaon case where he was charged under Unlawful Activities (prevention) Act (UAPA), by Bombay High Court bench of Justice Manish Pitale and Justice SS Shinde on February 22. 

On the other hand, Rao is also facing charges in a 2016 arson case of Surajgad, Gadchiroli in which Naxals had set fire to about 80 vehicles near an iron ore mine at Surjagad in Etapalli tehsil. Rao was already in custody in the Bhima Koregaon case when he was charged in January 2019 in the Surajgad arson case of 2016.

Rao’s lawyers, Firdaus Mirza and Nihal Singh Rathod moved the Nagpur bench citing the judgement of the principal bench and stating that unless the Nagpur bench also grants him relief, the Principal Bench judgment will not be executable. Accordingly, the bench of Justice Swapna Joshi granted temporary bail on similar grounds while prosecution sought time to file a reply.

Rao was arrested in January 2019 in the Surajgad case and chargesheet has already been filed against him.

The complete order may be read here.

Related:

Bombay HC order on medical bail for Varavara Rao sets an imp precedent

SC rejects Jail Superintendent’s plea against inquiry for failing to consider parole applications

Bombay HC upholds bail to alleged ISIS member Areeb Majeed

Scanty and sketchy evidence: Delhi court grants Disha Ravi bail

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