Conditions of Varavara Rao's detention cruel, inhuman: HC told

The conditions of poet VaravaraRao's detention are ''cruel, inhuman, and degrading'', seniorlawyer Indira Jaising told the Bombay High Court on Wednesday,and urged it to exercise its jurisdiction under Article 226 ofthe Constitution to release him from prison.

Rao, an octogenarian poet-activist, is an accused inthe Elgar Parishad-Maoist links case and is lodged in Talojaprison in Navi Mumbai as an undertrial. However, he iscurrently admitted to the Nanavati Hospital in Mumbai.

Jaising is the counsel for Rao's wife Hemlatha in awrit petition filed last year by the latter, alleging thebreach of Rao's fundamental right to life due to his continuedincarceration without adequate medical facilities.

Jaising told a bench of Justices S S Shinde and ManishPitale on Wednesday that Rao's right to dignity and healthwere being breached due to his detention and that the courtmust exercise its jurisdiction under Article 226 of theConstitution to release him from prison.

''I am submitting that there is violation of right tolife and dignity...The conditions of his (Rao's) detentionare cruel, inhuman and degrading,'' Jaising said.

''The right to health and dignity is a faucet, afundamental right under Article 226 of the Constitution ofIndia,'' she said.

''The right to life and dignity is fundamental rightunder Article 21,'' Jaising added.

The court, however, said that such claims tofundamental rights were ''general submissions''.

''Considering his (Rao's) age and health, you can arguespecifically,'' it said.

During the same hearing earlier in the day, the benchalso heard arguments by Rao's counsel, senior advocate AnandGrover, on his bail plea on medical grounds.

Grover reiterated that the Taloja prison hospital wasinept to provide requisite medical care to the ailing poet.

He suggested that Rao could be granted bail for atrial period of three months and in the meantime he couldreport to any authority as the court directed.

Grover concluded his arguments on Rao's medical bailplea on Wednesday, after which Jaising began her arguments.

On Tuesday, the counsel for NIA, Additional SolicitorGeneral Anil Singh and the state's counsel Deepak Thakare hadinformed the court that Rao's condition had improved and thatas per the Nanavati Hospital authorities, he was fit to bedischarged.

The high court will continue hearing the arguments onthe writ petition filed by Rao's wife in Thursday.

Rao has been in an out of the JJ hospital in the cityand the Taloja prison hospital since his arrest in June 2018.

On July 16 this year, he tested positive forcoronavirus, after which he was shifted to the Nanavatihospital in the city.

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

In November last year, he was admitted to NanavatiHospital again following the intervention of a bench ofJustice Shinde and Justice M S Karnik.

Rao and some other Left-leaning activists were earlierarrested for alleged links with Maoists following the ElgarParishad conclave in Maharashtra's Pune district on December31, 2017.