The Bombay High Court rejected the permanent medical bail of the 82-year-old poet.
The Bombay High Court rejected the permanent medical bail of the 82-year-old poet.
Bombay High Court dismisses 82-year-old poet Varavara Rao’s permanent medical bail and held, “The gravity of the crime remains the same.”
A division bench of SB Shukre and GA Sanap was hearing Mr Rao’s plea seeking bail on medical grounds or the condition to be modified in his interim medical bail granted on February 22, 2021 and he was to be sent to his residence in Secunderabad. Was allowed to stay with family. Telangana. The court reserved the verdict on March 21, pronounced it on April 13 and made it available on April 22.
The 33-page judgment said, “It is pertinent to mention that the gravity of the offense has remained the same. The allegations of involvement in the offense against the accused (Mr. Rao) have remained unchanged. Comments with regard to the accused’s in the commission of the offence. The prima facie view of the evidence to support collusion has not changed.”
As noted in Mr Rao’s petition, he is showing symptoms of early Parkinson’s, memory retention problems, movement disorder with tremors and gait instability. He has lacunar infarcts in the six major lobes of the brain, he also suffers from dementia. Due to old age and diseases, his chances of survival in prison conditions and environment are minimal.
Senior advocate Anand Grover, representing Mr. Rao, submitted that the hospital in Taloja Central Jail does not have any trained medical officers, nurses, staff and other infrastructure as provided under the prison manual. Referring to the medical report of a private hospital, which ruled, “Mr Rao has normal cognitive functions indicating that he is capable of self-care and does not require indoor medical management, certifying that that he is fit for leave”, said Mr. Grover said the report does not conclude that he can be sent back to jail.
To this the bench remarked, “It is a matter of record that the clinical opinion is against the accused. It is not in consonance with the object of the accused. Therefore, it is natural for the accused to find way and means. We have to conclude that.” Sufficient material has not been found that all the expert medical officers have examined the accused, acted under the influence of National Investigation Agency (NIA).”
‘Creating enmity between caste groups’
According to the NIA, the crime committed by Mr. Rao is very serious. “Elgar Parishad organized by the workers Kabir Kala Manch in Pune On December 3, 2017, enmity between caste groups escalated and violence broke out resulting in loss of lives and state-wide agitation. The investigation into the crime revealed that senior leaders of the CPI (Maoist), an organization banned under the Unlawful Activities Prevention Act, were in touch with the organizers of the Elgar Parishad as well as the arrested accused persons in this case to spread the ideology of Maoist/Naxalism. Can you Promoting illegal activities. The NIA alleges that the accused have hatched a conspiracy to overthrow the government established by the people and establish governance on the basis of their ideology.
In the judgment, the court directed the Inspector General of Maharashtra Prisons to collect information specifically from Taloja Jail and all other jails in Maharashtra regarding the appointment of medical officers, nursing and other staff and other facilities and provisions as per Maharashtra. Jail (Prison Hospital) Rules, 1970 and submit a report on or before 30th April.