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Pendyala Hemlatha, the wife of poet-activist Dr Varavara Rao, has moved the Bombay High Court under Article 226 of the Constitution seeking Rao's immediate release from detention citing medical grounds and failure by government authorities to provide appropriate medical treatment in jail.
Rao’s wife has approached the High Court after Supreme Court refused to intervene, instead directing the Bombay High Court to hear an earlier bail plea pending before the High Court at the earliest. The Supreme Court was informed that the pending bail plea had not been heard since September 17.
in the new petition under Article 226, Rao’s wife has stated that he is not being provided appropriate medical treatment by the State, thereby violating his fundamental right to health, dignity and life under Article 21 of the Constitution.
Apart from Rao's immediate release so that he can be given immediate medical attention on the terms the High Court may set, Hemlatha has also prayed for compensation.
In the plea filed through advocate R Satyanarayan, it has been contended that the detention of Rao in Taloja Jail, despite his medical condition, amounts to cruelty.
He is currently detained in degrading and inhuman conditions and denying him medical assistance to restore his health is a violation of his rights under Article 21, the petition states.
There is apprehension that Rao may lose his life in custody due to the medical neglect by the State, it has added.
"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,"
the petition submits.
The petition goes on to assert that denial of an expeditious hearing, especially in a medical bail issue, defeats the very purpose of medical bail and results in gross violation to life and liberty.
The plea has also raised questions on the role of the State in providing medical assistance to the 80-year old Rao, whose physical and mental condition, it has been claimed, is deteriorating.
"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,"
the petition asks.
It has also been contended that given his present medical condition, he is unable to take decisions for himself or in his defence. Hence, the detention no longer serves any purpose and he should be released immediately.
In June this year, a special National Investigating Agency (NIA) court had rejected the interim bail plea filed by Varavara Rao along with that of activist Dr Shoma Sen, both of whom have been booked for their alleged role in the Bhima Koregaon case.
Rao had then filed bail plea before the Bombay High Court, which has been opposed by the NIA.
Rao has been in jail since his arrest in June 2018. The present plea along with the previous bail plea filed by Rao will be heard by Vacation Bench of Justices AK Menon and SP Tavade today at 3 pm. Senior Advocate Indira Jaising is expected to appear for the activist.