Bombay High Court to hear at 3 PM the plea seeking bail for 80-year old Telugu poet Varavara Rao who has been under custody since August 2018 in the #BhimaKoregaon case .

#VaravaraRao
A division bench of Justice A K Menon and S P Tavade will consider the bail application filed by #VaravaraRao seeking bail on medical grounds and also the writ petition filed by his wife P Hemalata Rao seeking his release.

#BombayHighCourt
Senior Advocate Indira Jaising @IJaising is expected to appear in the matter seeking release of #VaravaraRao .

Follow this thread for live updates of the hearing.
#BombayHighCourt
#BhimaKoregaon
The bench of Justices A K Menon and S P Tavade has assembled.

#VaravaraRao
#BombayHighCourt
#BhimaKoregaon
Senior Advocate Indira Jaising @IJaising says she is appearing for the petitioner in both the cases(bail application of #VaravaraRao and the writ petition filed by his wife Hemalata Rao).

#BombayHighCourt
#BhimaKoregaon
Jaising takes the bench through the list of the dates of the case.

#VaravaraRao
#BombayHighCourt
#BhimaKoregaon
Jaising submits that the NIA @NIA_India has not disputed in its affidavit the averments relating to the medical conditions of Varavara Rao.

#BombayHighCourt
#BhimaKoregaon
Jaising : My cause of action for the writ petition is the violation of rights under Article 19(1)(a) and 21 of the Constitution of India.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Jaising points out that the Supreme Court has asked the Bombay High Court to decide the matter within 15 days.

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#VaravaraRao
Jaising : Varavara Rao's health is fast deteriorating. Yesterday, Senior Advocate Mihir Desai received a call from co-accused Fr.Stan Swamy that Varavara Rao's health is declining.

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#BhimaKoregaon
#VaravaraRao
Jaising : Accused persons do not lose their fundamental rights except to the extent of their right to mobility as has been taken away by the procedure established by law.

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#BhimaKoregaon
#VaravaraRao
Jaising : All other fundamental rights of the prisoner remain intact.

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#BhimaKoregaon
#VaravaraRao
Jaising : I am seeking an urgent interim relief to shift Varavara Rao from Taloja jail to Nanavati Hospital. Ultimate relief I am seeking is that he be set at liberty as his rights are being violated.

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#BhimaKoregaon
#VaravaraRao
Jaising : There is a legitimate apprehension that Varavara Rao might lose his life if he continues in this manner.

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#VaravaraRao
Jaising : He was earlier removed from Nanavati Hospital and put to Taloja jail when the proceedings were pending here, behind the back of the Court.

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#BhimaKoregaon
#VaravaraRao
Jaising : Varavara Rao has dementia. He is bed ridden. He has developed serious urinary tract infection.

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#BhimaKoregaon
#VaravaraRao
Jaising : I daresay, if he(Varavara Rao) loses his life in jail, it will be a case of custodial death.

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#BhimaKoregaon
#VaravaraRao
Jaising : NIA @NIA_India is under the obligation to protect his life as he is under their custody.

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#VaravaraRao
Jaising : He is entitled to be set at liberty. I am placing reliance on Section 437 of CrPC which says that sick people should be treated on a different purpose for bail.

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Jaising : I also seek that an independent medical board be set up to evaluate Varavara Rao's health for the purpose of his final relief.

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Jaising : Nanavati Hospital was chosen by NIA @NIA_India. It was not chosen by Varavara Rao.

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#BhimaKoregaon
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Jaising : Taloja jail does not have the infrastructure of a super specialty hospital to treat a person with the conditions of Varavara Rao.

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Jaising : The neglect of the jail authorities has contributed to the situation of Varavara Rao.

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Jaising : On May 15, 2020 he was shifted to Taloja jail hospital. The Court directed the jail authorities to file report. That was not filed on May 28, despite the judicial order.

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Jaising : The family was not informed before he was admitted to hospital. On June 26, the bail application was rejected.

In July his health again deteriorated and he was put to JJ hospital.

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Jaising : In July, the family comes to know. They find Varavara Rao in a pitiable condition in a pool of urine without a nurse or an attendent.

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Jaising : In jail, a co-accused, who is not a medical professional, was asked by authorities to look after Varavara Rao.
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Jaising : On July 16, he tests positive for #COVID19. We had forewarned when he moved first bail application that he has comorbidities.

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Jaising : On testing positive for COVID, he was shifted to St George hospital, a designated COVID-19 hospital.
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Jaising : By this time, international pressure builds up against the treatment given to a renowned man, who is a poet, has a PhD. The NHRC also intervenes.

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Jaising : Later, the jail authorities shift him from Nanavati hospital to Taloja jail without informing the court and the family members. Since his return to jail on Aug 28, he is in Taloja jail looked after by his co-accused.

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Jaising : He is bed-ridden. He is on diapers. He can't control urination. He is with a urine bag. His catheter has not been removed. Is this man going to flee away from justice?

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Jaising now refers to the Supreme Court order asking Bombay High Court to consider the matter of bail at the earliest.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao https://www.livelaw.in/top-stories/bhima-koregaon-case-supreme-court-asks-bombay-high-court-to-consider-varavara-raos-bail-application-at-the-earliest-165168
Bhima Koregaon Case : Supreme Court Asks Bombay High Court To Consider Varavara Rao's Bail Applic...

The Supreme Court on Thursday directed the Bombay High Court to list the bail application of 81-year-old poet P. Varavara Rao, who is an undetrail in the Bhima Koregaon case, before the appropriate...

https://www.livelaw.in/top-stories/bhima-koregaon-case-supreme-court-asks-bombay-high-court-to-consider-varavara-raos-bail-application-at-the-earliest-165168
Jaising : The patient is 81 years. Please make a note of his age.

She now reads the medical report from Nanavati Hospital.

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#VaravaraRao
Jaising stresses the findings in medical report that he has 'dementia' and mental unawareness.

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Jaising : While in St. George Hospital, he had a fall and he received injuries and lacerations.

#BombayHighCourt
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Jaising : The question this Court should ask the NIA @NIA_India is that why they shifted Varavara Rao from Nanavati Hospital given his condition?

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The bench asks if the report is of admission at hospital.

Jaising submits that after the medical report of June 30, no other medical report is available.

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Jaising : The co-accused Fr Stan Swamy told Sr Adv Mihir Desai that the health of Varavara Rao is worsening.

The medical report is a couple of months old. We don't have his current state of health.

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Jaising : Conditions of detention cannot be cruel, inhuman and degrading. The conditions of detention of Varavara Rao are cruel, inhuman and degrading, which violate Article 21.

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The bench notes that after the 30th of July there is no medical report.

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The bench observes that the second interim prayer for constitution of an independent medical board should precede the interim prayer for shift to Nanavati hospitals.

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Jaising submits that Taloja jail has no super speciality facilities and therefore immediate shift to Nanavati hospital is necessary.

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Jaising : When the government is holding a person in prison, the government is holding him so that he can stand trial. At this condition, he cannot stand trial.

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Jaising says she is not doubting the capacities of Nanavati hospital and that she has not alleged mala fides against the hospital.

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Jaising submits that NIA @NIA_India has not denied anything said in the application regarding the medical condition of Varavara Rao.

#BombayHighCourt
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#VaravaraRao
Jaising : There is no whisper in the NIA @NIA_India reply regarding the current medical condition of Varavara Rao. The only thing they say is he is accused under UAPA and say he is a terrorist.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Jaising : In most cases cited by NIA, Varavara Rao was acquitted or FIRs were quashed. I wish NIA @NIA_India had done their homework better while preparing the reply.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Jaising : I do not wish to take an adjournment to reply to NIA affidavit due to the urgency of the matter.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
The bench now turns to ASG Anil Singh, who is appearing for the NIA @NIA_India

#BombayHighCourt
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#VaravaraRao
NIA's counsel : We cannot underestimate our government hospitals or government doctors. But at the request of family of Varavara Rao, he was shifted to Nanavati hospital, a speciality hospital.

#BombayHighCourt
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NIA's counsel : It was not on the basis of any orders of the Court that Varavara Rao was shifted to Nanavati hospitals. It was done by the State on its own.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
NIA's counsel : We have always provided him the best medical treatment at jail, at Nanavati and JJ hospitals.

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The bench asks what is the harm in permitting the medical examination of Varavara Rao by doctors of Nanavati hospital.

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ASG Anil Singh (for NIA) : I am told that the jail doctors are consulting doctors of Nanavati and JJ hospitals for treating Varavara Rao. As far as examination by Nanavati, the State counsel may be in a better position to submit.

#BombayHighCourt
#BhimaKoregaon
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The bench observes that the constitution of a medical board will take time and if there is a medical examination by a panel of doctors of Nanavati, it will be known soon if his shifting is necessary.

#BombayHighCourt
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Public Prosecutor Deepak Thakare says the report from Taloja jail has been filed.

Jaising says she has not receivied it.

Prosecutor : I did not have her number. Otherwise I would have whatsapped her.

Jaising : The petition copy was served in advance.
#BombayHighCourt
Jaising : The main issue is that man is suffering from dementia. He is mentally compromised. From what I heard from the report, there is no mention about these.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
The bench asks what is the harm if a panel of doctors from Nanavati examines Varavara Rao in video rather then shifting him on a knee-jerk reaction.

Prosecutor : We will do it. I will advise them to do it tomorrow.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Jaising : There is no substitute for a physical examination.

Bench : Let there be a video examinaiton straightaway by the same persons who gave the report of July 30.

Jaising : There has to be a clinical examination

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
The bench asks Prosecutor if he can ask Nanavati hospital if the doctors can visit Taloja hospital.

#BombayHighCourt
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ASG Anil Singh(for NIA) suggests that at first let the doctors examine him on video and after that let them decide if physical examination is needed.

'This will set a bad precedent. There are doctors in jail who are experts'.

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#VaravaraRao
Jaising : The doctors have to touch him and feel to evaluate.

ASG : There are doctors in jail.

#BombayHighCourt
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Bench : Let the Nanavati hospital suggest the best way.

ASG Anil Singh : All decisions cited by petitoner say accused has no right to choose doctor or hospitals.

Jaising : I did not choose Nanavati. You chose.

#BombayHighCourt
#BhimaKoregaon
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Bench : Let this not be a debate with arguments and counters. It is a question of a man's health. Let Nanavati doctors make a video call at first. And if they say they cannot ascertain by video call, let them visit the jail.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Bench tells Prosecutor : If the video call can be arranged today, it should be done. And it should not be just any person but a person who is familiar with the patient and who prepared the report of July 30.

#BombayHighCourt
#BhimaKoregaon
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Jaising requests for a posting tomorrow.

Bench says tomorrow the bench is not sitting. Says it will post on November 16.

#BombayHighCourt
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#VaravaraRao
Bench tells Jaising that even after the SC order of October 29, the petition was filed only yesterday.

#BombayHighCourt
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Jaising says she is happy with any order which the court passes.

#BombayHighCourt
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#VaravaraRao
The bench says it will post the matter next on November 17.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
The bench is dictating the order now.
#BombayHighCourt
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Bench : To assess the present condition of Varavara Rao, it will be appropriate to have a video medical examination. All parties agree that video consultation can be arranged today or tomorrow morning by doctors of Nanavati hospital who made the July 30 report.

#BombayHighCourt
Bench : If the panel of doctors are of the view that the video medical examination is not possible, it will be open for them to visit Taloja jail at their earliest convenience to examine #VaravaraRao. All counsels agree that this is the best suitable way to ensure his health.
Bench : The report from Taloja jail suggest that Varavara Rao is being treated by jail doctors in consultation with doctors at Nanavati hospital. This aspect may also be taken into consideration by panel of doctors.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Bench : If the doctors are of the view that physical examination is necessary, the respondents should arrange the physical examination at the earliest.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
Bench orally asks respondents to set the 'wheels in motion' without waiting for the copy of the order.

#BombayHighCourt
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#VaravaraRao
Prosecutor agrees to inform jail authorities and Nanavati hospital at the earliest.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
The bench says it will post the matter at 3 PM on November 17.

#BombayHighCourt
#BhimaKoregaon
#VaravaraRao
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