"Varavara Rao's Health Deteriorating Again"; Bombay HC To Hear Today Plea Filed By His Wife Seeking His Immediate Release

Vacation bench of Justice AK Menon and Justice SP Tavade will hear the writ petition at 3 pm today and Senior Advocate Indira Jaising will appear on behalf of Varavara Rao. The plea has been filed through Advocate R Satyanarayanan.

The petitioner questions that whether the conditions of detention of Varavara Rao in Taloja jail who is found to be seriously medically unfit in custody does not amount to cruel, unusual and degrading treatment warranting his release from custody pending trial not amount to violation of his right to life and personal liberty under Article 21 of the Constitution of India.

The Supreme Court on October 29 directed the Bombay High Court to list the bail application of Varavara Rao, before the appropriate bench and hear it at the earliest. The Supreme Court expressed concern about the bail application filed on medical grounds not having been listed before the Bombay High Court since September 17 and directed the Chief Justice of Bombay High Court to list the same at the earliest.

The Apex Court also directed the High Court to take up the plea filed on behalf of Varavara Rao's wife Pendaya Hemlatha which seeks for immediate release of Rao on medical grounds.

According to the petitioner, on November 10, 2020 when the petition has got listed for hearing on November 11, news came from two of VV Rao's co-accused in the Bhima Koregaon case from Mahesh Raut to his sister Monali Raut and from Father Stan Swamy to his lawyer Senior Advocate Mihir Desai that the said Varavara Rao was suffering from a urinary tract infection and that his health was deteriorating again.

Petitioner has contended that having regard to the real and present threat to Varavara Rao's life on account of medical reasons, they have a real apprehension that he may lose his life in custody by virtue of medical neglect by the respondents. The petition states-

"It is an undisputed fact that the Petitioner was abruptly discharged from Nanavati hospital on 28th August 2020 when the HC matter was scheduled for a hearing on 30.10.2020. Ever since he has been kept in Taloja jail, bed ridden, on diapers and a urinary bag with two co-accused as his 24-hour attendants. He can move only in a wheelchair and is mostly bed-ridden."

Rao was shifted to Nanavati Hospital after hue and cry from various human rights organisations in light of the news surfacing that he was in a state of delirium and was found in a bed soaked with urine.

Thus, the petition raises following questions-

1. Whether bail and in particular medical bail can be made dependent on the nature of the offence as it will defeat the very purpose of medical bail ?

2. Whether denial of expeditious hearing in matters relating to bail and in particular medical bail do not result in gross violation of right to life and liberty – as the last effective hearing despite repeated applications

3. Whether Respondents are not accountable for continuous deterioration of medical health of Petitioner's husband, who is 81 years of age, and tested Covid positive while in judicial custody, has several comorbidities and whether the said imprisonment and denial of bail is not a form of cruel and inhuman treatment during the pendency of trial ?

Moreover, the petitioner contends that her husband was implicated in the Bhima Koregaon case and imprisoned in Yerwada jail, Pune in November 2018. He had age-related problems but no major health issues. He was reading and writing more than a person of his age would be and many of his writings have been published. He was 68 kgs and today his weight is now reduced to 50 kgs, the petition informs.

Thus, the petitioner alleges that failure to provide appropriate medical treatment to her husband, Dr Varavara Rao, the State has violated his Fundamental Rights to health, dignity and life and thereby Rights under Article 21 of the Constitution of India, read with the Rights under Articles 7 and 10 under the International Covenant on Civil and Political Rights and Article 12 the International Covenant on Economic, Social and Cultural rights recognized and incorporated as Human Rights in the Protection of Human Rights Act, 1993.