Since Feb 2020, Rao has spent 149 days in hospitals: HC told

Of the 365 days since lastFebruary, jailed activist-poet Varavara Rao spent 149 days inthe hospital, his counsel Indira Jaising told the Bombay HighCourt Monday to highlight his poor health condition and pushfor interim bail in the Elgar-Parishad-Maoist links case.

The fact that Rao spent almost half the time inseveral hospitals made clear his poor health condition,Jaising said while arguing that the 82-year-old poet'scontinued incarceration was a breach of his fundamental rightto life and health.

She urged the court to let Rao out of the Talojaprison where he is lodged as an undertrial, and to permit himto go home and stay with his family in Hyderabad.

''Life is dear to everyone, including a prisoner, andthe court is here to protect it,'' the senior advocate told abench of Justices SS Shinde and Manish Pitale.

''The record speaks for itself, out of the 365 days ina year he has spent 149 days in hospitals,'' she said.

The bench was hearing a writ petition and a medicalbail plea filed by Rao through his counsel, senior advocateAnand Grover, and a writ petition filed by Rao's wife PendyalaHemlatha, through Jaising, alleging a breach of hisfundamental rights due to continued incarceration.

Both Grover and Jaising urged the HC to let Rao out oninterim bail even if for a limited period of three months, andwith any condition that the court deemed fit.

Both counsels reiterated that Rao, currently admittedto Nanavati Hospital in the city, required constant monitoringand medical aid that the Taloja prison in Navi Mumbai will beunable to provide.

Jaising cited the case of 38-year-old UAPA accusedKanchan Nanaware, who died on January 24.

Nanaware died after six years of incarceration, beforethe trial against her could begin and before her medical bailwas decided, Jaising told the court.

She told the court that Rao's continued incarcerationwas ''incompatible'' with his health.

''This is a victimless crime, death penalty will not beattracted as he has not killed anyone,'' she said, referring tothe 2017-18 Elgar Parishad-Maoist links case, in which he isan accused.

''He is neurologically compromised. The best treatmentis with friends and family,'' Jaising said.

Jaising said Rao had been arrested merely on the basisof some electronic evidence found on a co-accused's computer.

''While stating that his crimes were serious, what werehis crimes? Some evidence was found in a co-accusedselectronic files which mentions his name. But that is also apurported conspiracy,'' she said.

Grover argued that Rao must be permitted to be takencare of by his family at their home so that he was fit tostand trial.

He reminded the court that Rao had faced trial in 24cases in the past and that he had either been acquitted ordischarged in all but one.

Grover read out one of Rao's poems to show his spirit,to tell the court that even in his present condition, theoctogenarian was willing to stand trial.

In the poem, Rao said he borrowed the lines oflegendary Hindi writer Munshi Premchand to say he was a ''kalamka sipahi'' (A soldier with a pen).

''He is wiling to go on for trial. He wants to, to showthat he has not done anything. The other cases against him, hewas acquitted. For him, this case is just another case,''Grover said.

Responding to the Maharashtra government's previousstatement that once discharged from private Nanavati Hospital,Rao will be sent to the prison ward of the state-run JJHospital, and not the Taloja prison, Grover said keeping thepoet in the government facility would amount to ''torture.'' The National Investigation Agency (NIA), however,maintained that given the state's assurance of sending Rao tothe JJ Hospital, the court need not grant him medical bail.

The court however, remarked that a speedy trial wasconsidered part of a citizen's fundamental right, and in thepresent case charges were yet to be framed and 200 witnesseswere still not examined.

Additional Solicitor General Anil Singh, who appearedfor the NIA , however, said a large number of witnesses in acase could not be the ground for granting someone medicalbail.

''It is the responsibility of the state to take care ofhis (Rao's) health, and the state is doing so,'' Singh said.

He said the Nanavati Hospital had already certifiedthat Rao was fit to be discharged from the hospital and thathe did not have dementia at present.

But the court pointed out that Rao's medical reportsfrom last year mentioned he suffered from dementia.

''How can we ignore the reports of JJ Hospital, StGeorge and Taloja prison hospital? We can't go by the lastreport only. St. George report from last year mentionsdementia,'' the court said.

The HC closed all arguments in the case and reservedits verdict on Rao's medical bail plea and Hemlatha's writpetition.

Till the court's verdict, Rao will remain in theNanavati Hospital. After arrest, Rao has been in police andthen in judicial custody since August 28, 2018, awaitingtrial.

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 NIA.