[Bhima Koregaon- Elgar Parishad case] Private Hospital Seeks Two More Weeks To Examine Varavara Rao

A division bench of Justice Nitin Jamdar and Sarang Kotwal granted Nanavati Super Specialty Hospital till December 16 to conduct the tests and submit a report to the High Court.

Following this the court extended the interim protection earlier granted to Rao to surrender before December 20 and adjourned the matter for hearing to December 17.

The bench had asked the hospital to examine Rao after his counsels claimed health had once again deteriorated.

The court was hearing Rao's application to extend the six months medical bail granted to him on February 22, 2021 and allow him to return home to Hyderabad. Rao cited his delicate health and the high cost of living in Mumbai while on bail.

On Friday, a representative of the Hospital said that Rao needed to be assessed by a neurologist, nephrologist and psychiatrist. Since one doctor will not be enough two weeks will be required.

Senior Advocate Anand Grover for Rao said that the octogenarian would be produced whenever required.

Advocate Sandesh Patil for the National Investigating Agency initially objected saying that the petitioner had expressed only three concerns cataract, appendix and hernia. Therefore, the tests must be confined to the three issues.

The agency, on instruction later agreed for the Hospital to take a call on the necessary medical investigations. The court then asked the hospital to provide a rough schedule of tests to Rao's counsels and NIA. The medical investigations are to be conducted at the investigation agency's expense.

Background

In his application, Rao said he is still ailing and hasn't flouted a single bail condition; therefore, he was deserving of the reliefs sought. Moreover, residing with his 72-year-old wife in Mumbai, away from home, is difficult and unaffordable, he had said.

Along with his pre-existing neurological issues, Rao's plea stated that he suffers from lacunar infarcts (dead brain tissue) due to arterial blockages in the brain that deals with intelligence, memory, and visual processing area brain. He's also been recommended immediate cataract surgery in both his eyes.

The National Investigation Agency (NIA) opposed Rao's plea. The agency claimed that Rao's medical reports don't disclose a "major ailment" which necessitates the extension of bail or requires him to reside at his home in Hyderabad.

The Case

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 inflammatory speeches at the event contributed to the caste violence at Bhima Koregaon the following day, the agency alleged.

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.

Case Title: Dr P Varavara Rao vs NIA