'Varavara Rao Not Seen By Experts; His Medical Report Complete Eyewash' : Indira Jaising Tells Bombay High Court

The medical report prepared by the doctors of Nanavati hospital after examining 81-year old undertrial Varavara Rao through video call is a 'complete eyewash', said his lawyer Senior Advocate Indira Jaising in the Bombay High Court on Tuesday.

Jaising raised serious objections against the medical report. She submitted before a bench comprising Justices S S Shinde and Madhav Jamdar that a copy of the report was served on the petitioner only today at 1 PM. She argued that there was a non-compliance of the court's order of November 12 as an incomplete medical report was submitted without the test results annexed to it.

She submitted that the report was prepared after a video examination of Rao by the doctors of Nanavati hospital which lasted for barely15 minutes. She further submitted that the neurologist and the urologist have not seen Varavara Rao though he has neurological problems and urinary infection.

"'He has to be seen by specialists and experts. I have categorically said that he suffers from dementia. Where is the report on his dementia?", Jaising submitted.

The Nanavati hospital itself has suggested tests on November 12, which have not been done yet. The Taloja jail hospital is not equipped to do these tests, she added.

She complained that the report of November 12 was shared with the petitioner only on November 17 and commented that it was a delaying tactic.

"The report has not been brought on record till November 17. This is a delaying tactic. The report is a complete eyewash", she said.

She urged the bench to immediately shift him to Nanavati hospital from Taloja prison.

While Jaising was making submissions, certain technical problems developed at her end, making her inaudible for the bench. When the bench said that she was not audible, Jaising expressed her willingness to come to the court for a physical hearing.

She highlighted that the matter was extremely urgent and that she did not wish to add to the delay in any manner.

The bench then proceeded to adjourn the hearing till tomorrow 11 AM, when it will hear the matter in physical court.

The bench was considered two cases - the bail application filed by Rao on medical grounds and the writ petition filed by his wife Hemalata saying that his incarceration was a violation of his right to health and life.

On the last hearing date(Nov 12), the High Court had directed immediate medical examination of Varavara Rao by a panel of doctors of Nanavati Hospital to ascertain if he needs to be shifted from Taloja jail to hospital.

The bench had directed a video examination of Rao to be done by doctors at Nanavati hospital. If the doctors form the opinion that a physical examination of Rao is necessary after the video examination, they should do it immediately, the bench had ordered then.

On the previous hearing date, Senior Advocate Indira Jaising had highlighted the severe ailments which have affected the octogenarian poet, who is under custody since August 2018 facing charges the UAPA for alleged links with Maoists. 

"He is bed-ridden. He is on diapers. He can't control urination. He is with a urine bag. His catheter has not been removed. Is this man going to flee away from justice?", Jaising had submitted.

Earlier, Rao's wife had approached the Supreme Court under Article 32 seeking his release. On October 29, the Supreme Court expressed concern over the fact that the Bombay High Court has not listed Rao's bail application since September 17. The Supreme Court directed the High Court to consider the bail application at the earliest and suggested the petitioner move the HC.