Bombay HC directs video medical examination of Varavara Rao; bail plea adjourned to Nov 17

A division bench of the Bombay High Court comprising Justices AK Memon and SP Tavade on Thursday adjourned for hearing the bail plea of octogenarian activist P Varavara Rao to 3 pm on November 17. It directed a panel of doctors from Nanavati Hospital to conduct a video medical examination of Rao, accused in the Bhima Koregaon-Elgar Parishad case, either later in the day or by Friday to assess his present condition. The court stated that the physical examination of the activist should be arranged at the earliest if doctors are of the view that it is necessary. 

The present development comes after the Supreme Court's October 29 order directing the Bombay HC to expeditiously consider the bail petition. A three-judge bench of Justices UU Lalit, Vineet Sareen and S Ravindra Bhat said that the matter raised questions regarding the human rights of prisoners. It took into account the medical condition of Rao and the fact that the bail application had not been heard by the HC since September 17. Arrested on August 28, 2018, the poet is currently languishing in the Taloja Central Jail in Maharashtra. 

Read: Bhima-Koregaon Case: Jharkhand CM Soren Attacks BJP Over Arrest Of Activist Stan Swamy

Details of hearing

During the hearing, Rao's counsel Indira Jaising argued that her client's health is fast deteriorating. As an interim relief, she sought the shifting of the activist to Nanavati Hospital citing the legitimate apprehension of Rao losing his life in jail. Mentioning that he has dementia, is bedridden and has developed serious urinary tract infection, Jaising questioned the NIA on why the agency had moved him back to jail from Nanavati Hospital. She also urged the formation of an independent medical board to evaluate Rao's health.

Appearing for the NIA, Additional Solicitor General Anil Singh stressed that Rao had been provided the best medical treatment. Maintaining that the accused has no right to choose the doctor or hospitals for treatment, he suggested that doctors should first examine him on video and then decide if a physical examination is needed. On the other hand, Jaising said that there is no substitute for a physical examination. 

Read: Bhima Koregaon Case: NIA Files Chargesheet Against 8 People Including Navlakha & Teltumbde

Bhima Koregaon- Elgar Parishad case

Violence had erupted at Koregaon-Bhima village in Pune district on January 1, 2018, where supporters had gathered to commemorate the 200th anniversary of the Battle of Bhima Koregaon. This resulted in the death of one person and leaving several injured. Subsequently, the Pune police arrested activists such as Sudha Bharadwaj, Shoma Sen, Arun Ferreira, and Vernon Gonsalves, Surendra Gadling, Sudhir Dhawale and P Varavara Rao for allegedly inciting the Bhima Koregoan violence through their speech at the Elgar Parishad meeting on December 31, 2017. 

The charges filed by the police include 'conspiracy to assassinate PM Narendra Modi', 'overthrow the government', 'waging war against the Government of India' under the Unlawful Activities (Prevention) Act (UAPA). Also, it has been alleged that some of the arrested individuals are active members of the banned CPI (Maoists) party. In January 2020, the case was transferred to the NIA.  

Read: Bhima Koregaon Case: SC Advises Accused Sudha Bharadwaj To File Bail Plea On Merits