The Supreme Court is scheduled to hear on Monday a petition filed by Telugu poet and Bhima Koregaon-Elgar Parishad accused P Varavara Rao challenging the Bombay High Court order rejecting his prayer for permanent medical bail in the case. was done.
Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia will hear this petition.
Rao said he has challenged high court order Because he was not granted an extension of bail despite his advanced age and precarious and deteriorating health condition, and his request to be shifted to Hyderabad was also rejected.
“The petitioner, an 83-year-old renowned Telugu poet and orator, who has been in jail for more than two years as an under-trial and is presently out on bail on medical grounds by the Bombay High Court, respectfully submits That someone else will be imprisoned rings the death knell for them as aging and deteriorating health is a fatal combination,” he said in his appeal against the Bombay HC order dated April 13.
He was arrested from his house in Hyderabad on 28 August 2018 and is an under-trial in the Bhima Koregaon case for which the Pune Police registered an FIR on 8 January 2018 at Vishrambagh Police Station under various sections of the IPC and several provisions Was. UAPA.
Initially, Rao said that he was placed under house arrest as per the order of the apex court and was eventually taken into police custody on 17 November 2018 and later shifted to Taloja jail.
On 22 February 2021, the Bombay HC granted him bail on medical grounds and was released from jail on 6 March 2021.
Giving a detailed account of his health conditions, including suffering in jail, Rao said the Bombay HC’s order dated February 22, 2021 had contemplated that the petitioner may be on medical bail for an extended period, and even That can be permanent, on medical grounds. On his medical condition supported by medical examination report.
“The judges have committed a grave error in proceeding with the impugned judgment and order on the ground that since the earlier order granted bail for a limited period, i.e. six months, it (the earlier bench) was not prepared to grant bail. for an unlimited period”, the appeal said.
It said that after being granted bail by the order dated February 22, 2021, the petitioner’s health deteriorated and she developed an umbilical hernia for which she had to undergo surgery.
“He also required surgery for cataract in both his eyes, which he did not do as the cost is prohibitive in Mumbai”, adding that the petitioner is also suffering from an increase in “neurological” symptoms, i.e., slowness of movement among other symptoms. , hand tremors, bowing posture.
Rao in his appeal said, “It is submitted that in the totality of circumstances, the trial would not take less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from the same ailments as the petitioner, went to trial. Passed away before it even started.”
He submitted that the petitioner has the right to health and medical treatment under Article 21 of the Constitution of India and it would be violated if imprisoned in Taloja Jail.
On April 13, the high court had dismissed the petition but extended by three months the time for the 83-year-old worker to surrender before the Taloja jail authorities to enable him undergo cataract surgery.
It also rejected Rao’s application seeking permission to stay in Hyderabad instead of Mumbai while out on bail.
With inputs from agencies.