Willing to shift Varavara Rao to JJ Hospital prison ward: Maha to HC

The Maharashtra government toldthe Bombay High Court on Thursday that the state was willingto shift jailed poet Varavara Rao to the prison ward of the JJ Hospital in Mumbai from a private facility.

The ailing octogenarian poet-activist, who is anaccused in the Elgar Parishad-Maoist links case, is presentlyadmitted to the Nanavati Hospital in Mumbai.

Earlier this week, the hospital authorities submitteda report in the high court stating that 81-year-old Rao wasfit to be discharged.

Once discharged from the Nanavati Hospital, Rao is tobe sent back to the Taloja prison in Navi Mumbai, where he islodged as an undertrial.

On Thursday, state's counsel Deepak Thakare, however,told the HC that the instructions from the state were thatonce discharged, Rao could instead be sent to the J JHospital's prison ward.

''His family members will be allowed to visit subjectto the protocols, and the treatment which is given in Nanavatiwill continue,'' Thakare told a bench of Justices S S Shindeand Manish Pitale.

''These are my instructions, the rest is subject toASG's (the NIA's counsel) arguments,'' he said.

Thakare said that following the court's previoussuggestion of taking a humane approach considering Rao'sadvanced age, the state had taken the above decision.

Earlier during the day's hearing, senior counselIndira Jaising had urged the bench to release Rao on bail andlet him be with his family.

Jaising is the counsel for Rao's wife Hemlatha in awrit petition alleging the breach of Rao's fundamental rightsto life due to his continued incarceration without adequatemedical facilities in the prison.

Jaising told the bench that denying a prisoner healthfacilities amounted to cruelty.

''My apprehension is that his (Rao's) health willdeteriorate in Taloja (prison). My second contention is thathis health is incompatible with detention,'' she said.

The bench, however, pointed out that the hospitalreport suggested that Rao had recovered enough to bedischarged.

''You say he (Rao) is ready for discharge, but whatlies beyond discharge, even the doctors have not said that,''Jaising said.

''Everyone has the right to live the last few years oftheir life with dignity,'' she said.

She urged the court to grant Rao bail at least for atemporary period and impose any condition on his bail that itdeemed fit to let Rao go back home to Hyderabad.

However, the court said that the NIA, the prosecutingagency in the case, might raise a few objections to Rao beinggranted bail.

''Few doubts other side may raise. If he (Rao) isallowed to go back to Hyderabad he may again get involved inthe alleged activities...,'' the bench said.

''Long back, I remember the allegation was that theplan was to overthrow the government,'' the bench said.

Jaising, however, said that the NIA's apprehensionswere irrelevant since this was case of bail on medicalgrounds.

She also said the charges of plans to overthrow thegovernment were not true.

''They (NIA) claim they have found a letter fromsomeone else's computer talking about assassination of theprime minister. That is a far-fetched story,'' Jaising said.

''Why would I write such a letter and keep it on thecomputer?'' she said.

She reiterated that the court could impose strict bailconditions and Rao would remain ''home-bound''.

''Put any condition on him. In our country it is theprocess which is the punishment,'' Jaising said.

To this, the bench said that it had tried to grant allpossible health facilities to Rao.

''We have given him every facility we could. Theproblem is the Act,'' the bench said, referring to thestringent restrictions on grant of bail under the UnlawfulActivities (Prevention) Act (UAPA) that has been slapped onRao and his co-accused persons in the case.

''These days, the most favourite charge is sedition. Asan observer, I can say that when you are selectively chargingpeople you are undermining the rule of law,'' Jaising said.

She also cited several international declarations onhuman rights and judgements of foreign courts to support herarguments on violations of Rao's fundamental rights to life,his health, and dignity.

NIA's counsel Additional Solicitor General Anil Singh,however, told the HC that with the state's statement onshifting Rao to J J Hospital, the defence's arguments onTaloja being ill-equipped to provide requisite medical care tohim, was rendered irrelevant.

Singh will commence his arguments opposing Rao'smedical bail plea, and the writ petition filed by Hemlatha, onWednesday.