Taloja prison hospital lacks infra:Varavara Rao's lawyer to HC

The counsel forpoet-activistVaravara Rao, who is an accused in the Elgar Parishad-Maoistlinks case and currently admitted in a private hospital here,on Tuesday requested the Bombay High Court to grant him bailon the medical grounds, saying the Taloja Prison hospital inNavi Mumbai lacks adequate infrastructure to treat him.

Senior advocate Anand Grover told a bench of JusticesSS Shinde and Manish Pitale that the Taloja prison where Raowas lodged as an undertrial does not have the necessaryinfrastructure to provide proper medical care to him.

Rao, 81, is currently admitted in Nanavati Hospital inMumbai.

Rao's latest medical report from the hospital saysthat he is ''hemodynamically stable and fit for discharge'',Grover told the HC.

''However, once discharged and shifted to the Talojaprison, Rao will require constant monitoring and medicalattention, for which the infrastructure at the Taloja prisonhospital will be inadequate,'' Grover said.

Grover said Rao was suffering from kidney failure anda host of other ailments for which he was being administeredaround 20 different medicines a day when he was admitted atthe Taloja prison hospital.

These medicines were for serious health issues likeheart ailments, blood pressure, and recurring delirium withdementia like symptoms, he said, adding they included bloodthinner and anti-depressants.

Groverurged the HC to let Rao be with his family torecover fully and be fit to face trial in the case.

''The Taloja prison hospital is not equipped to monitorhim. There are structural problems. And we do not want thepublic exchequer to be used for this (Rao's treatment) always,especially when there are two doctors in his house. Hisdaughter and son-in-law are doctors,'' Grover told the HC.

He said when Rao was admitted to the government-run JJhospital in Mumbai last year, he was not taken care of''properly'', and hence he had to be admitted to NanavatiHospital.

The bench, however, intervened saying state-run JJHospital and St George Hospital are considered to be among''the best hospitals'' with competent doctors.

''However with the influx of patients amidst theCOVID-19 pandemic, the hospital must have been overwhelmed,''the bench said.

''Many citizens, including a former Chief Justice ofthis court, preferred state and civic run hospitals like JJand St George over private hospitals,'' the HC said.

Grover further submitted that Rao was accused in 24cases, and that he was acquitted in all of them.

''He is willing to stand trial tomorrow (in the presentcase). But that will not be fair. He suffers from aneurological problem. If he is allowed to be with his family,Rao will be in a position to stand for trial,'' he said.

National Investigation Agency's counsel AdditionalSolicitor General Anil Singh told the bench that Rao hadrecovered enough to be discharged from the private hospitaland be shifted to the Taloja prison.

The ASG also said that Rao's initial medical reportsdid not mention that he suffered from dementia.

At this point, the bench asked if dementia was areversible condition, ''and how could it be that Rao's counselsaid he suffered from dementia but the NIA said he did not''.

Grover explained that Rao is prone to delirium as hissodium levels keep plunging low.

''This delirium brings about repeated symptoms ofdementia,'' he said.

The HC will continue hearing the arguments on Rao'sbail plea on Wednesday.

Rao has been in an out of JJ Hospital and the Talojaprison hospital since his arrest in June, 2018.

On July 16 last year, Rao tested positive forcoronavirus, after which he was shifted to Nanavati Hospital.

He was discharged from the hospital following a finalassessment report on July 30 and sent back to the Talojaprison.

In December last year, Rao was admitted to the privatehospital again following the intervention of a bench ofJustice Shinde andJustice MS Karnik.

Besides his bail plea on medical grounds, the HC isalso hearing a writ petition filed by Rao's wife Hemlatha,alleging a breach of his fundamental rights due to hiscontinued incarceration without adequate medical care.

Rao and a few other left-leaning activists werearrested for alleged links with Naxals following the ElgarParishad conclave in Pune on December 31, 2017.