Plea to grant Dr Varavara Rao bail on medical grounds: LIVE UPDATES from Bombay High Court

The Bombay High Court is hearing the plea moved by Pendyala Hemlatha, the wife of poet-activist Dr Varavara Rao, for his immediate release on bail citing medical grounds..State has failed to provide medical assistance: Plea in Bombay High Court seeks release of Dr Varavara Rao.Rao has been in jail since his arrest in the Bhima Koregaon case in June 2018. The present plea along with the previous bail plea filed by Rao is being heard by a Vacation Bench of Justices AK Menon and SP Tavade..Rao’s wife has approached the High Court after Supreme Court refused to intervene, instead directing the Bombay High Court to hear the bail case at the earliest. .Case involves question on human rights of prisoners: Supreme Court directs Varavara Rao's wife to move Bombay HC for bail.Hemlatha has 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.. Live updates of the hearing today feature on this page. .Bench assembles. Senior Advocate Indira Jaising addresses the court, asks for court for a minute to set up her mike and video..Jaising begins her submissions. She begins with the list of dates from the petition..Jaising: The realm of facts is not disputed Milords. I also want to point out that the affidavit of NIA does not deny the medical condition of Varavara Rao..Jaising: I will be arguing my 226 petition and my plea for bail. This matter comes before you from the Supreme Court of India with directions of disposing the petition within 15 days. Rao’s condition is deteriorating day by day..Jaising: Father Stan had called Senior Advocate Mihir Desai informing him that the condition of Rao is fast deteriorating. Please bear in mind that the scope of arguments are of Fundamental rights of health and life of the accused. .Jaising: I contend that the fundamental right of the accused of health are not affected by virtue of being under trial. I am seeking that he be put in Nanavati Hospital for his medical treatment from Taloja Jail..Jaising: 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..Jaising: If he loses his life in custody, it is custodial death. The State, NIA are duty bound to protect the life of people undertrial. .Jaising: 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..Jaising: Even NIA will confirm this, Rao is in the Taloja hospital and it is not a super speciality hospital fit to handle Rao’s condition..Jaising: On 15.05.2020 Rao was admitted to Taloja Jail. This was after the opinion of the jail authorities, not my application. The second time, I asked for a transfer to hospital on grounds of, for lack of better words, medical bail..Jaising: Thereafter, we moved applications for medical bail from the Special NIA Court. The bail was rejected. Thereafter he was in Nanavati Hospital, when the Bombay High Court asked for a report of Rao, which was not submitted, but he was moved back to Taloja Jail.Jaising: Thereafter, under medical emergency, he was shifted to JJ Hospital, when his family met him and found in a pitiable condition. .Jaising: After he was tested positive of COVID-19, he was shifted to Nanavati hospital after neither JJ, St George could handle his condition. Thereafter he was abruptly taken to Taloja Jail where he is till date. He is bedridden. Do you think a man bedridden can flee?.Jaising: We thereafter approached the Supreme Court, where we did not seek for expedite hearing. The plea was under Article 32 challenging the violation to his fundamental rights. Supreme Court passed an order which is annexed in the petition. .Court: You can proceed with assuming we have read..Jaising begins reading the medical reports of Rao to the Court pointing out that he is suffering from neurological conditions. .Jaising: Rao had suffered lacerated wounds on his head when he was admitted in St. George’s hospital. He is suffering from dementia..Jaising: His mental condition because of his physical condition was not correct and his condition was not corrected. .Court: These are detailed analysis reports. Let us proceed. Come to the prognosis..Jaising: His neurological status has not improved. This is from Nanavati where he was detected COVID positive. Despite such report, why was he sent back to jail?.Court: We need to consider the latest report. .Jaising: Which is my prayer, transfer him to Nanavati and get his latest reports sent to court..Jaising: This report is couple of months old and even the decisions of NIA to move to the Taloja Jail is unfathomable. Moving to submissions on law..Jaising: Firstly cause of action - we have come under Article 226. Conditions of detention cannot be cruel, inhuman and degrading and his conditions are..Court: What you are seeking is that there is no medical report since July 2020. So we will ask the other side, but you satisfy us on only this prayer - seeking release on medical grounds.. Jaising points out her prayer..Court: You have sought for release to hospital and then you are saying that get his investigations done. You should have preceded investigation before release. .Jaising: No, I will explain. I am saying transfer him, investigations will keep happening..Jaising: Then when the trial starts, he will be fit to stand in trial. .Jaising: I will accept if Nanavati Hospital conducts his investigation, we accept that the Hospital will handle him professionally. .Jaising: I will read from their Affidavit that Nanavati is a hospital of their choice. They have not denied anything about his medical condition..Jaising: The reason for rejecting his bail was that he is accused under the UAPA, 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. .Court: Are you pressing for prayer seeking a medical board for medical investigation? .Jaising: With a minor modification of allowing Nanavati Hospital to conduct investigation, I am pressing for that also. .Jaising concludes her submissions on the interim reliefs..Court asks ASG Anil Singh for NIA to address the Court. .Singh: He was admitted to the hospital which is a super specialty hospital. Whenever the family wanted to see them, we let them meet them..Court: Now since the interim application pertains to his medical condition, why can’t Nanavati Hospital doctors see him through video call? Why can’t you send to get him examined till the application is being heard? .ASG: The Nanavati Hospital and JJ Hospital are giving treatment..Court: A patient to be able to carry out test, must be able to withstand the test. But can a panel of doctors see him? 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.Court: The doctors can decide if he can be moved, or suggest the further course of action. .Thakare: Milords we have the latest report with us, I have submitted to you. .Court: This seems like he may be in a better condition, is it?.Court: It is clear from this report that the person who has conducted his tests, examines the person on video. Whether the prayer to shift him to the hospital is possible? .Court: Can you not permit a video examination? Because we don’t know his condition, the petitioner does not know his condition. .Jaising: There can be no subsitute to a physical examination. .Court: Let there be a medical examination straightaway. .Jaising: There has to be examination..Court: Thakare ask Nanavati hospital if they can make a visit. There is merit in Jaising’s submission. How much can he answer on a video call? .ASG: Let the doctors examine by video, and if there is requirement then they can go. This will set wrong precedents for others..ASG: There are so many inmates and then this will mean that the government doctors are incompetent. .Jaising: Mr. Singh you shifted him from JJ to Nanavati because JJ could not handle him. .Court: We have the report before us which you will receive..Court: Let Nanavati doctors decide what is best course of action..Jaising: Can the Court grant directions that if he cannot be taken to the hospital, then doctors will come to him, what is the problem?.Court: We propose that let there be a video call immediately, let them assess the situation. It is not any officer of the hospital, he should be a person who knows the patient and who was present during the 30th July 2020 report..ASG: Let it be subjective to the availability of the doctor. If today, if not then tomorrow. .Jaising: I am requesting that the matter be kept tomorrow with report if possible, for an expeditious hearing. We want an order from the Court to the Respondents..Court: The Court is sitting next on 17th. That is the best we can do. .Court: Jaising you have also approached the Court after the 29th October after you opted to file the fresh petition now. You could have amended the petition and submitted it here..Jaising: We have not delayed in filing the petition, we were told that the bench sits only for 2 days, so there was confusion. .Court: Ask your attorney to check the notices on our website..Court dictates order that a video examination is permitted forthwith. Both sides agree to it..Court adds:.If possible do it in the course of the day today wherein the Nanavati doctors who had issued report on his condition if possible could be party to the video consultation..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.All parties agree this is the most suitable solution. And in order to ascertain the medical conditions of the accused..Court records: A medical report issued by Taloja Central Prison which seems to suggest that the accused is being attended to on a regular basis in consultation of Nanavati Hospital..Court: Nanavati doctors should consider this as well. If the doctors feel that a physical visit is necessary and possible then the doctors can visit the Taloja Jail physically. The report be submitted to the court before November 16..Court: All concerned to act without awaiting the order of the court. .Jaising: May I kindly request for video hearing, as I am advised not to travel because of my health. .Court: We have added video hearing..Hearing concluded. The matter will be taken up by the next vacation bench sitting on November 17 at 3 pm viz. Justices SS Shinde and Madhav Jamdar.

Plea to grant Dr Varavara Rao bail on medical grounds: LIVE UPDATES from Bombay High Court

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