Poet Rao is stable, reject his medical bail plea: NIA to HC

The National Investigation Agency(NIA) on Wednesday urged the Bombay High Court to reject theplea for bail on medical grounds filed by poet-activistVaravara Rao, arrested in the Elgar-Parishad-Maoist linkscase, arguing that his present health condition is stable.

Additional Solicitor General Anil Singh, who appearedfor the NIA, reminded the court that Rao's medical reportsfrom the Nanavati Hospital, from earlier this month, statedthat he was stable and fit to be discharged.

He pointed out that the Maharashtra government hadmade a statement before the HC last week, saying oncedischarged from the private hospital, Rao (81) will not besent back to the Taloja prison in Navi Mumbai, but instead, hewill be admitted to the prison ward of state-run JJ Hospitalhere and given requisite medical care.

''His (Rao's) medical reports, his present healthcondition is stable, and the state's statement takes care ofall the prayers made in these pleas,'' Singh said.

''Therefore, the question of granting him bail arisesonly if the court doesn't have faith in the care that the JJHospital will be able to provide,'' Singh told a bench ofJustices SS Shinde and Manish Pitale.

The bench was hearing three petitions -- a writpetition seeking Rao's complete medical records and a bailplea on medical grounds filed by Rao. The third one is a writpetition filed by Rao's wife Hemlatha alleging a breach of hisfundamental rights owing to lack of medical care during hiscontinued incarceration.

Hemlatha, too, had sought in her plea that Rao be letout of prison and be permitted to go back to his family inHyderabad.

The poet-activist, lodged in the Taloja prison as anundertrial, is currently admitted to the Nanavati hospital inMumbai.

Following the NIA's submission, the court, however,pointed out that as per the medical reports, Rao was beinggiven over 20 pills a day.

''Just see the list of medicines being given to himeveryday. He is sustaining on these medicines. So, he'scontinuously on medical support,'' HC said.

ASG Singh, however, said most of these pills were''age-related.'' ''We also have old people in our homes and 70 to 80 percent of these medicines are taken (by elderlies),'' the NIAcounsel said.

He reiterated that as per the Nanavati Hospitalreport, Rao didn't have dementia, a disease in which there isdeterioration in memory, behaviour and the ability to performeveryday activities.

The HC, however, pointed out that Rao's reports fromthe JJ Hospital, the Taloja prison hospital and state-run StGeorge hospital, issued in November last year, all mentioneddementia, and brain atrophy or shrinkage of the brain.

Singh, however, said the older report notings ondementia seemed more like ''course and discussions'' amongdoctors to check for dementia and delirium.

''We have full faith in the JJ Hospital but theNanavati Hospital, where he was last treated, says he doesn'thave dementia right now,'' Singh said.

''We believed the Nanavati Hospital while Rao was beingtreated there. Why should we not believe it then when he saysRao doesn't have dementia?'' he said.

Singh said one's health condition could fluctuateoften and therefore, while deciding on Rao's medical bailplea, the HC must go by his latest health condition report.

''The Nanavati report says Rao doesn't require indoormanagement and is fit to be discharged. This is the latestreport, there is no counter or different medical advice so wehave to believe this report,'' Singh said.

''Therefore, unless the court does not have faith or itfeels the JJ prison ward will not be able to provide him (Rao)medical care, only then should he be granted bail,'' Singhsaid.

Rao's counsel, senior advocate Anand Grover arguedthat the JJ Hospital or any other hospital was a ''bed ofinfection,'' and the ailing Rao must not be sent there.

''The only option is to send him back to the Talojaprison if he is fit, else let him out on bail to be at homewith his family,'' Grover said.

The HC then directed the Nanavati hospital to submit afresh medical report with Rao's latest health condition onThursday morning and will continue hearing the arguments inthe afternoon.

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

On July 16 last year, he tested positive forcoronavirus after which he was shifted to the NanavatiHospital.

He was discharged from the Nanavati Hospital followinga final assessment report on July 30 and sent back to theTaloja prison.

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

The case related to alleged inflammatory speeches madeat the Elgar Parishad conclave held in Pune on December 31,2017, which, the police claimed, triggered violence the nextday near the Koregaon-Bhima war memorial located on theoutskirts of the western Maharashtra city.

The police have claimed the conclave was organised bypeople with alleged Maoist links. Several activists andacademicians have been named as accused in the case.