Bhima Koregaon: What are your apprehensions if Varavara Rao is granted bail, HC asks NIA | Mumbai news - Hindustan Times
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Bhima Koregaon: What are your apprehensions if Varavara Rao is granted bail, HC asks NIA

ByKAY Dodhiya, Mumbai
Jan 29, 2021 12:50 AM IST

Stressing on the need of striking a balance between fundamental rights of a prisoner to have a healthy life and the facilities available for treating ailing prisoners in jails, the Bombay high court (HC) on Thursday has sought to know from the National Investigation Agency (NIA) on their apprehensions in the event 82-year-old Telugu poet P Varavara Rao is released on bail on medical grounds

Stressing on the need of striking a balance between fundamental rights of a prisoner to have a healthy life and the facilities available for treating ailing prisoners in jails, the Bombay high court (HC) on Thursday has sought to know from the National Investigation Agency (NIA) on their apprehensions in the event 82-year-old Telugu poet P Varavara Rao is released on bail on medical grounds.

Varavara Rao. (HT PHOTO)
Varavara Rao. (HT PHOTO)

The court’s query was based on the fact that while Rao was deemed fit to be discharged from Nanavati Hospital, his family has opposed the proposal of the NIA and state to shift him to Sir JJ Hospital to monitor his condition, stating that there was every chance of him suffering a relapse and having to be shifted back to the private hospital, hence he should be either shifted to Taloja jail or allowed to go home to Hyderabad.

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A division bench of justice SS Shinde and justice Manish Pitale was hearing a petition filed by Rao’s wife seeking bail for him on medical grounds when the court was informed by additional solicitor general Anil Singh that the state had made arrangements to take care of prisoners above the age of 60 years lodged in various jails across the state.

While referring to Rao’s latest medical report by Nanavati Hospital, Singh said the report reiterated that Rao’s condition was stable moving him to Sir JJ Hospital was only aimed at ensuring that he was provided with the medical regimen prescribed by Nanavati doctors and his condition was monitored.

However, justice Pitale sought to know from Singh as to what was the apprehension of the agency if Rao was allowed to go home on bail on medical grounds and his advanced age, Singh said that accusations against Rao were serious and as there were orders of other courts wherein an under-trial who was 85-year-old and had multiple health problems was denied bail on the medical ground due to the serious charges against him, Rao who is booked under the Unlawful Activities (Prevention) Act, he should also not be given bail.

When justice Pitale suggested that Rao could be enlarged on bail with stringent conditions, Singh sought to know whether the court was doubting the capabilities of the doctors at JJ Hospital.

Justice Shinde then said, “We have to strike a balance after the concerns of the accused’s family as well that of the state and agency is taken into consideration. While the family says that the prisoner has a fundamental right to a healthy life and the state and agency are bound to provide the same, the state and agency say they are willing to provide it, but then again there is the fact that Rao had to be shifted from JJ Hospital to Nanavati Hospital. This is a dialogue but we are expected to go beyond the existing procedure in light of the age of the accused and his medical condition.”

Singh then said that it would be appropriate that the court impose conditions on the state and the agency to ensure that Rao’s condition was properly monitored and all medical help was extended to him in case of any medical emergency.

The court has now posted the hearing on February 3.

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