Supreme Court Allows Varavara Rao To Approach NIA Court For Permission To Go To Hyderabad For Cataract Surgery; Sets 3 Weeks Timelimit For Decision

The Supreme Court on Tuesday granted liberty to 82-year old Telugu poet Varavara Rao, facing accusations under the UAPA in the Bhima Koregaon case over alleged links with Maoists, to approach the Special NIA Court at Mumbai seeking permission to go to his native place Hyderabad for cataract surgery.

Asking Rao to make such an application within 2 weeks, the Court directed the trial court to a decision within three weeks of the filing of the same. Clarifying that it has not expressed anything on the merits of the plea, a bench led by Justice UU Lalit disposed of Rao's petition with the above directions.

Last week, the Supreme Court, while granting bail to Rao on medical grounds, had imposed a condition that he should not leave the Greater Mumbai region without the permission of the trial court.

Today, Senior Advocate Anand Grover, appearing for Rao, submitted that the medical treatment in Mumbai is expensive. Also, Hyderabad is Rao's native place and his recovery would be better in a home atmosphere.

Though the bench had not issued notice to the NIA in the petition, Additional Solicitor General SV Raju, who happened to be in the court room when the matter was taken, objected to Rao's plea. The ASG said that though Rao was earlier allowed to undergo cataract operation, he did not avail of that opportunity. Also, there are hospitals in Mumbai which give free treatment.

"Funds are not an issue for him", the ASG said.

"I am a pensioner with Rs 15000 per month pension", Grover retorted.

The ASG said that Rao's medical claims are exaggerated. "His photos show he looks younger than 50 years", the ASG said.

"You can advertise it as the good conditions provided in prisons", Justice Lalit replied in a lighter vein, evoking laughter from the lawyers present in the court room.

"I have seen many people improving their health condition after prison term, due to the restricted diet", the ASG said.

The bench, also comprising Justices Ravindra Bhat and Sudhanshu Dhulia, said that it will let the trial court to take a decision rather than the Supreme Court deciding. Grover made a request to set a time-line saying that the court took over a year to decide the plea for bail on medical grounds. Accepting the request, the bench set a time limit of 3 months.

"This order shall not be taken an opinion on the merits of the application", the bench clarified.

Case Title : P Varavara Rao versus National Investigation Agency| Diary No.24350/2022