The Bombay High Court on Tuesday sought to know from the National Investigation Agency (NIA) as to why Telugu poet-activist Varvara Rao, a prime accused in the Bhima-Koregaon, cannot be given permanent bail on medical grounds since in February 2021, another bench of the HC already made certain observations against the lack of medical facilities in the Taloja jail.
A bench of Justices Sunil Shukre and Govind Sanap was hearing a plea filed by Rao through senior counsel Anand Grover, who on Tuesday listed out various ailments his client is suffering from including the 'early Parkinson's disease.'
During the hearing, Justice Shukre noted that another bench led by Justice Sambhaji Shinde had in February 2021 granted bail to Rao on medical grounds for six months and in that order, Justice Shinde had given certain findings against the amenities in the prison, which have attained finality. "We are focusing on the findings of the other bench while granting him temporary medical bail. Those findings have attained finality, and we don't understand why he (Rao) can't be granted permanent bail when there is a finding that placing him in custody is incompatible with his health condition and would risk deterioration of his health to a point of no return," the bench opined.
At this, special public prosecutor Sandesh Patil for the NIA, said that Justice Shinde had passed the orders in view of the raging Covid19 pandemic in February 2021.
National Investigation Agency counsel Sandesh Patil, however, objected to such relief, arguing that the 2021 order was passed when the COVID-19 pandemic was raging. He attempted to justify the prosecuting agency's decision not to challenge the February 2021 orders as the NIA took a 'lenient view' for Rao given that he is 82 year old.
At this, Justice Shukre said, "So the NIA thinks now is the right time to change its attitude? Do not forget that his age has now advanced and the Taloja prison facilities are incompatible with his medical conditions."
In between this exchange, Grover pointed out that his client lives in a rented house run by Christian Missionaries in Bandra and that he has to vacate it by March 15. He highlighted that Rao won't get another house on rent in Mumbai easily as he is charged under the UAPA law.
The senior counsel accordingly, urged the bench to permit him to shift to Hyderabad so that he can live between his 'loved ones' and that most members of his immediate family are doctors and they could look after his health.
The bench has adjourned the hearing till March 21.
