Can Varavara Rao Be Sent To Prison Amid Covid-19 Surge? Bombay HC Extends Time To Surrender Till February 5

A division bench of Justices SS Shinde and NR Borkar expressed concern about the speed at which the third wave is spreading and inquired if Rao could be sent back to prison during this time.

Granting Rao medical bail for six months on February 22, 2021, the High Court had held that placing the octogenarian back in custody would be incompatible with his health condition and endanger his life.

Senior Advocate Anand Grover for Rao added that two Supreme Court judges have tested positive for the virus to which Justice Shinde said that even a few Bombay High Court judges are infected.

Justice Shinde said, "It is high time. Take full care. The spread is rapid and fast. We are seriously concerned about the learned advocates and staff. Fortunately, in Maharashtra and Mumbai, the Centre, state, BMC and other local bodies are doing a wonderful job and addressing the concerns. We have to respect their work."

Before the matter was adjourned, Grover informed the court that they had filed a petition seeking permanent bail for Rao on health grounds while also challenging reports by the private hospital, which were submitted earlier.

Nanavati Hospital reports concluded that Rao's condition was normal as "he is able to perform activities of daily living."

Grover had earlier pointed out that Rao was granted medical bail despite the same private hospital filing a similar positive report back then.

It has been NIA's consistent stand that Rao must be directed to surrender since he was granted bail for merely six months. Moreover, since his reports have come back normal.

In the order granting him temporary bail, the division bench led by Justice SS Shinde had observed, "Appreciating the entire material on record, we are of the opinion that the old age, sickness, infirmity and health conditions, as also the admitted sufferings faced by the undertrial during incarceration including infection of Covid-19 virus, lead to a conclusion that upon his discharge from the Nanavati Hospital, placing the undertrial back in custody would be incompatible with his health conditions and it would endanger his life," the court had observed in its order granting medical bail to Rao on February 22, 2021.

The High Court granted Rao a six-month medical bail on February 22, 2021. Seeking an extension he cited his delicate health and the high cost of living in Mumbai while on bail.

The NIA has accused Rao and 14 other activists of furthering the banned CPI(Maoist)'s agenda and conspiring to overthrow the government. They are booked under the stringent Unlawful Activities (Prevention) Act (UAPA) based on letters/emails primarily retrieved from their electronic devices.

As part of a criminal conspiracy, NIA alleged that the Elgar Parishad Cultural Event was organized in Pune on December 31, 2017. The agency alleged that the inflammatory speeches at the event contributed to the caste violence at Bhima Koregaon the following day.

The accused have claimed that while most of them hadn't participated in the event or weren't named in the FIR, the electronic evidence is planted.