After audio difficulties in virtual court, Bombay High Court to hold physical sitting tomorrow to hear plea to release Varavara Rao

The plea seeking the release of poet-activist Dr Varavara Rao on medical bail and allied prayers will be heard by the Bombay High Court in physical court tomorrow.

The matter was taken up today afternoon following the last hearing on November 12. However, it was adjourned to tomorrow following a brief hearing as the Bench was unable to clearly hear submissions made by Rao's counsel, Indira Jaising during the video conference hearing today.

The Court took on record a medical report filed by the State on Rao's health status as well as the objection made by Rao's counsel that only a one page report had been forwarded to her.

Jaising, on Tuesday, contended that the State has not submitted a complete medical report, in contravention of the High Court's directions.

"The report which is submitted to you now, is an eye wash. I am earnestly requesting he be moved to Nanavati hospital so that a proper medical report can be submitted to you. We have been saying he is suffering from dementia, where is the report on that?" Jaising argued.

"The problem still remains that we cannot hear your sentences clearly", the court said.

To this, Senior Advocate Jaising proposed that the matter may be heard in physical court.

"If you feel a physical hearing will help the court in making a decision, then I am willing to come," she said.

The court responded that it can post the matter for physical hearing, while directing that the State respondents file all details regarding the medical examination done on Rao.

"Madam, will you be comfortable to come for physical hearing?" the court proceeded to query.

"Yes, me along with my team of advocates of record, we are all willing to come", Jaising responded.

Accordingly, the court proceeded to list the matter for hearing in physical Court at 11 am tomorrow, after recording consent for the same from the side of the State and jail authorities.

ASG Anil Singh appeared for the NIA and Chief Public Prosecutor Deepak Thakre appears for the Taloja Jail officials.

The Bench of Justices SS Shinde and Madhav Jamdar was hearing a plea moved by Rao's wife, Pendyala Hemlatha, who had contended that Rao's medical needs are being neglected by the State and that he is being lodged under inhumane conditions at Taloja jail in violation of his rights under Article 21 of the Constitution.

Rao has been in jail since his arrest in the Bhima Koregaon case in June 2018. Rao’s wife approached the High Court after Supreme Court refused to intervene, instead directing the Bombay High Court to hear the bail case at the earliest.

At the previous hearing, the Bench of Justices AK Menon and SP Tavade had directed that a medical examination be conducted to gauge Rao's health status.

The court had stated that a video exam may be conducted, and if the medical team feels that the medical exam cannot be conducted via video conference, a physical medical exam can be conducted.

Appearing for Rao today, Senior Advocate Jaising also voiced concern that the exam conducted on Rao was not sufficient to evaluate his health status.

"The VC hearing was for 15 mins. How can they determine in such a span if he is fit or not? The delay is not suiting him. I can come repeatedly for hearing," she submitted.

She further asserted that Rao should be shifted to Nanavati hospital, given that the jail hospital is not equipped to conduct a proper medical exam.

"He is in the jail hospital, and they are not equipped to conduct medical investigations on him", she said.