Umamageswari Maruthappan
Senior Advocate Indira Jaising has requested the Bombay High Court to grant a temporary bail of 3 months to the acclaimed poet Dr. Varavara Rao, considering his age and health.
The Bench comprising Justice SS Shinde and Justice Manish Pitale though emphatic on Varavara Rao’s condition, nevertheless said that if required facilities are provided then there is no need for bail.
Justice Shinde also stated the impracticability of granting bail under the UAPA. “We have given him every facility we could. The problem is the Act,” he said.
With respect to Jaising’s argument to consider age as a factor for imprisonment, Shinde exclaimed that he is unsure about such an argument being placed before any country previously.
Jaising is the counsel for Rao’s wife Hemalatha who filed a writ petition before the court alleging that the telugu poet’s fundamental right to life and health guaranteed under Article 21 of the Constitution is being violated. It was also alleged that the prison hospital lacks the required infrastructure and admitting Mr. Rao would further deteriorate his condition.
However, Public Prosecutor Deepak Thakre informed the court that Rao can be shifted to JJ Hospital instead of Taloja Prison Hospital. “Rao will be shifted to prison ward in JJ Hospital. And he will be given all care. His family members will be allowed to visit subject to the protocols and the treatment which is given in Nanavati Hospital will continue,” said Mr. Thakre.
Following his instructions, Deepak Thakre left the subject to be argued by ASG Anil Singh who appeared on behalf of the National Investigation Agency (NIA). The NIA has taken charge of Varavara Rao’s case for investigation.
However, Jaising insisted on releasing him on bail at least on temporary basis and pleaded before the Court to send him back to Hyderabad on some conditions.
Adv. Jaising further asserted that the poet would not flee. “In this case, the chargesheet has been filed, so no tampering with evidence or witness can happen. And the accused cannot even walk!,” Jaising told the Court.
Stating Mr. Rao’s psychological ailment, Adv. Jaising said that it is necessary for the octogenarian to live with his family. “He once wrote a letter to his wife, saying his wife passed away 15 years ago. Now he is interacting with her. This is the condition of people with dementia… What is dementia? It’s not having awareness of time space and people,” she said.
Jaising also cited relevant declarations on human rights along with 13 Supreme Court judgements to fortify her argument. “when you are selectively charging people you are undermining the rule of law,” the senior advocate stated.
The hearing of the case will continue on 27th January 2021.
Dr. Varavara Rao, a telugu poet, was charged under the Unlawful Activities (Prevention) Act, 1967 by the Pune Police in November 2018. The contention was that he had direct links with the banned Maoists and Naxalites and was connected with the Bhima-Koregaon violence that took place on 2nd January 2018.
However, Mr. Rao was suffering from various medical ailments. Further, his condition worsened when he was tested positive for Covid-19. His wife pleaded to release him on bail however the Court kept on postponing the hearing.
He was admitted to Nanavati Super Specialty Hospital. Last week, a team of experts informed that “he is fit for discharge.”
After criticisms from the counsels of Rao, the Maharashtra State Government decided to shift Rao to JJ Hospital instead of shifting him to the prison hospital.
Nonetheless, Adv. Jaising said, “Everyone has the right to live the last few years of their life with dignity.” She also cited the case of Mouisel vs France to emphasize her plea.