Consider Rao's "offence" when deciding on bail plea: NIA to HC

The NIA told the Bombay HighCourt on Thursday that poet-activist Varavara Rao was anaccused in a case of national security and while consideringhis ill health and plea for bail on medical grounds, it mustnot lose sight of the seriousness of the offence.

The National Investigation Agency (NIA) made thesubmission while opposing the bail plea of Rao, arrested inthe Elgar-Parishad-Maoist links case.

Additional Solicitor General Anil Singh, who appearedfor the NIA, told the HC that there were many undertrials inMaharashtra who were suffering from various ailments and beinggiven requisite medical care by the state while in prison.

The ASG was responding to a suggestion made by a benchof Justices SS Shinde and Manish Pitale that given his ailinghealth and advanced age, perhaps Rao could be granted bailunder strict conditions to ensure he remained within thecourt's jurisdiction.

''What is the quality of life of an 82-year-old indetention? Is it worth to wait for another emergency to happento take him to Nanavati (Hospital) only because we reject hisbail because of your (NIA's) apprehension?'' the bench said.

''Can it (bail) not be met with a condition? That he bekept within the jurisdiction of this court,'' it said.

The court noted that in a previous hearing last month,the state's counsel, Deepak Thakare, had said that the chargesin the 2017 case were yet to be framed and that 200 witnessesremained to be examined.

Therefore, it could take some time for the trial tobegin in the case.

Singh, however, said instead of imposing conditions onRao's bail, the court could impose conditions on the state toensure that the poet-activist was given good medical care inprison.

''At the cost of repetition...many prisoners his ageare in jail. I wouldn't have contested this much had it notbeen a serious offence in a matter of national security,'' ASGSingh said.

''Even on medical grounds, the seriousness of theoffence is to be considered. It is a question of nationalsecurity. Tomorrow if something happens then we areresponsible,'' the NIA counsel said.

The HC, however, remarked that it was the state'sresponsibility to provide requisite medical care toundertrials.

''A prisoner was denied his spectacles sent from hisfamily. They sent it back to his family. Now he cannot evensee. We are not saying it is ill-intentioned.

''But it is a mistake of the jail authorities,'' thebench said referring to an incident in December last year whenRao's co-accused, activist Gautam Navlakha, lost his glassesin the Taloja prison and a new pair of spectacles was sent byhis family.

On Wednesday, the NIA had opposed Rao's bail pleaciting a report from the Nanavati Hospital in the city thatsaid Rao's condition was stable and he was fit to bedischarged from the private hospital.

The bench, however, had pointed out that as per thehospital records, Rao was taking over 20 pills a day and''sustaining'' merely on medical support.

It had called for a fresh report from the hospital.

As per the state's counsel, Deepak Thakare, the freshreport, too, stated that Rao's condition was stable.

The HC will continue hearing the arguments in the casenext week.

The court is hearing three petitions - a writ petitionseeking Rao's complete medical records and a bail plea onmedical grounds filed by the poet. The third one is a writpetition filed by his wife Hemlatha alleging a breach of Rao'sfundamental rights owing to lack of medical care during hiscontinued incarceration.

Hemlatha's plea also seeks that Rao be let out ofprison and permitted to go back to his family in Hyderabad.

Rao, arrested in June 2018, is lodged in the Talojaprison in Navi Mumbai as an undertrial.

Currently though, he is undergoing treatment in theNanavati Hospital, where he was admitted in November last yearfollowing the HC's intervention.

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.

The case was initially probed by the Pune police andlater it was handed over to the central agency.