Bombay High Court starts hearing Varavara Rao's bail application on medical grounds.

The hearing is taking place in the physical court before a bench of Justices SS Shinde and Madhav Jamdar.

Senior Advocate Indira Jaising is appearing for the petitioner.

#varavararao

Yesterday, the bench had posted the case for physical hearing after technical problems were experienced during VC session.

Report about yesterday's hearing :

'Varavara Rao Not Seen By Experts; His Medical Report Complete Eyewash' : Indira Jaising https://www.livelaw.in/top-stories/varavara-rao-not-seen-by-experts-his-medical-report-complete-eyewash-indira-jaising-tells-bombay-high-court-165967

Justice Shinde- Since we are sitting in vacation please confine the submissions to the interim prayer. Keeping in mind the pandemic and the health condition restrict the prayer for him to be shifted to Nanavati hospital.

#VaravaraRao

Jaising- I want to make an argument about the interim prayer and the main petition.

Shinde J - There are other accused who are also in judicial custody. So confine yourself to the interim relief.
#VaravaraRao

Jaising- He is in prison for 2 years. When he was arrested he was healthy.
#VaravaraRao

Jaising submits that Varavara Rao is being looked after by his co-accused Vernon Gonsalves and Arun Ferreira who are not medically trained.
#varavararao

Jaising : Due to the pandemic rules are not being allowed. The family has been kept in the dark about his health . The Taloja jail hospital is incapable of taking care of him(Varavara Rao).

#varavararao
#BombayHighCourt

Jaising submits that the NIA court did not follow the #COVID19 guidelines to release prisoners.

#varavararao
#BombayHighCourt

Jaising submits that Jaising a second bail application was filed based on the fresh guidelines issued for prisoners over 65 yrs of age.

#varavararao
#BombayHighCourt

Prosecutor Deepak Thakare tells the court that Varavara Rao was admitted to Nanavati Hospital not on the basis of any court order but after the direction of the National Human Rights Commission.

#varavararao
#BombayHighCourt

Jaising : Till today Nanavati discharge report is not made available to the family.
Only those reports will tell us what action has been taken or not taken. Nanavati Hospital discharge report, JJ hospital and St George Hospital discharge reports are not available.

#varavararao

Jaising : When the family saw him in JJ hospital, he was found in a pitiable condition in a pool of his own urine.
@IJaising

#VaravaraRao #BombayHighCourt

Jaising : We filed for bail as an apprehension. He tested positive for #COVID19. He was then shifted from JJ to St George.

#VaravaraRao #BombayHighCourt

Jaising submits that at JJ hospital Varavara Rao sustained head injuries.
"I am alleging negligence on the part of the State. If the State is unable to look after him, he needs to be shifted to Nanavati Hospital", she adds.

#VaravaraRao #BombayHighCourt

Jaising : There is a reasonable apprehension that he(Varavara Rao) will die in custody.

#VaravaraRao #BombayHighCourt

Jaising : The tests conducted at Taloja jail hospital were conducted by a private agency in Panvel. How can he be monitored in a hospital like that where there are no laboratories?. He has been in hospital since May.

#VaravaraRao #BombayHighCourt

Jaising : He (Varavara Rao) is completely bed-ridden, in diapers, no medical attendant and has a catheter. Catheter was not changed for 3 months, as there was no one to change it.

#VaravaraRao #BombayHighCourt

Jaising submits that no medical report of Varavara Rao is available after 30.07.2020.

#VaravaraRao #BombayHighCourt

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Jaising : His neurological condition has not improved. Till today there is no status about his medical report. No chemical analysis has taken place.
#VaravaraRao #BombayHighCourt

Jaising : Nanavati Hospital's report said that he(Varavara Rao) is disoriented. However, he was examined only for 15 minutes through video conferencing.

#VaravaraRao #BombayHighCourt

Jaising : His capability for the intake of food is compromised. His monitoring can only happen in a super specialty hospital and not in Taloja jail.

#VaravaraRao #BombayHighCourt

Jaising : He was discharged from hospital in August. From then on he has been in the jail hospital. There is no discharge report. He requires monitoring.

#VaravaraRao #BombayHighCourt

Jaising : Covid can lead to organ failure. Mr Grover and me were tested positive (Anand Grover also present).

#VaravaraRao #BombayHighCourt

Jaising : But we(Grover & Jaising) were treated well by doctors. That's why (due to covid) I was insisting on video conferencing. Post covid complications can result in multiple organ failure especially for older people & we are dealing with a man who is 82 years old.

Justice Shinde : We are not saying government hospitals are not doing there job. The present situation has put a lot of pressure on them. Whatever ailments he(Varavara Rao) is suffering, he needs to be hospitalized for 15 days for a thorough check up.

ASG Anil Singh (for NIA) suggests that Varavara Rao be shifted to JJ Hospital, which is govt hospital.

Justice Shinde suggests Nanavati Hopsital, since he was already treated there earlier.

#varavararao
#BombayHighCourt

Justice Shinde : He is 82 he has serious ailments then family will come to court

Anil Singh- There are many prisoners not doing well. It sets a bad precedent to shift to Nanavati.

Shinde J- You said Nanavati is the best hospital

Justice Shinde : Ultimately the man is on almost death bed. He needs some treatment. Can the State say no no we will treat him in Taloja?

#VaravaraRao #BombayHighCourt

Justice Jamdar : Take this into consideration -he has already suffered #COVID19 and after coming out of it he is likely to suffer from further complications
#VaravaraRao #BombayHighCourt

The bench asks the NIA and the Maharashtra Govt to take instructions on shifting Varavara Rao to Nanavati hospital subject to COVID19 protocol.

#VaravaraRao #BombayHighCourt

Justice Shinde - We have already mentioned that State and Centre are doing a lot for Covid. We are only saying transfer him to Nanavati for two weeks. We will further see after two weeks.
#VaravaraRao #BombayHighCourt

The bench suggests that the state should pay for the treatment of Varavara Rao at Nanavati hospital as he is under State custody.
#VaravaraRao #BombayHighCourt

The bench observes that JJ hospital is already burdened and the court does not want to add to its pressure.

#VaravaraRao #BombayHighCourt