Take Corrective Measures So Accused Can't Cite Poor Medical Facilities To Seek Bail: Bombay HC To Jail Authorities On Dismissing Varavara Rao's Plea

"If the strict view of the matter is not taken and appropriate directions are not issued to rectify the deficiencies, all the under-trial prisoners would make a grievance of the same and apply for bail," their order refusing permanent bail on medical grounds to Rao.

The bench, however, extended his bail for three months for a cataract surgery, strictly on humanitarian grounds.

Bombay High Court Extends Temporary Bail Of Varavara Rao By 3 Months On Medical Grounds; Refuses Permanent Bail

Therefore, the bench of Justices Sunil Shukre and GA Sanap opined that instead of setting another precedent, presumably by granting bail, appropriate directions could be issued to fix accountability for lapses and deficiencies in the future.

The octogenarian, seeking extension of the six-months temporary bail granted to him in February 2021 and permission to reside at his home in Hyderabad had contended that his chances of survival in Taloja prison were minimal.

"We direct the Inspector General Prison Maharashtra to ensure that henceforth there should not be scope for the prisoners to make grievance about lack of medical facilities and timely medical aid. The same shall be made available and provided strictly in terms of the Maharashtra Prisons (Prison Hospital) Rules, 1970,"

"Inspector General being at the realm of affairs would be held accountable for non-compliance and lapses in future," the bench said while fixing responsibility.

Directions

1.IG Prisons. Maharashtra to collect information from Taloja Central prison in particular and all prisons in Maharashtra in general about appointment of the Medical Officers, nursing and other staff and other facilities and provisions required to be made available as per Maharashtra Prisons (Prison Hospital) Rules, 1970 and take corrective measures. Submit his report to the court by April 30.

2.Special NIA Judge presiding over the case must expedite the trial and hear it on day-to-day basis.

3.The Principal District Judges in Maharashtra are requested to pay attention to medical facilities in prison at the time of their periodical visits and ensure that the provisions of the Maharashtra Prisons (Prison Hospital) Rules, 1970 are complied with in letter and spirit.

4.The Special NIA judge must make note of non-cooperating parties.