The Bombay High Court will analyze the medical report of the poet Telugu and Elgar Parishad-Naxal before deciding on his surrender. The court decided to give time to Varavara Rao, released from prison for health reasons.
“We are just following the previous order,” the bench of Justices Nitin Jamdar and Sarang Kotwal said.
Appearing for the National Investigation Agency (NIA), Additional Attorney General Anil Singh said that if this process is to be followed, Varavara Rao will never surrender.
Rao was granted interim medical bail by another High Court bench on February 22 after being admitted to Nanavati hospital for a few months.
The bench of SS Judges Shinde and Manish Pitale granted Rao interim bail after the judiciary received two consecutive reports from Nanavati Hospital, declaring Varavara Rao fit for release. The court, however, did not return Rao to Taloja prison, where he was held before his health deteriorated.
The magistrate then noted: “Old age, infirmity and multiple health problems indicate that his continued detention would be incompatible with his state of health and that sending him back to Taloja central prison would endanger his life,” thereby violating his fundamental right under article 21 of the Constitution of India. “
At last week’s hearing, Nanavati Hospital submitted a summary and said he was in good health. However, attorney Anand Grover, representing Rao, had stressed that there should be a detailed report on what basis the hospital came to the conclusion. The court had asked Nanavati hospital to provide a detailed medical report, which was submitted on Monday.
During Monday’s hearing, Singh pointed out that Rao had only been granted interim bail for six months. “The order was made for medical reasons, and he had to surrender. He had asked for a four-month extension. The few medical issues he had encountered were addressed. These are expert reports, and even if we try to figure it out, we won’t be able to. After 80-85 years, there are medical problems that people face. There are other people his age who are in prison. On the merits, the court dismissed his case, and that cannot. If this is the case, then anyone over the age of 70 will continue to seek bail. “
However, Grover pointed out that Nanavati Hospital had previously given reports that Rao was fine, but the previous bench of Judges Shinde and Pitale had ruled that his health was incompatible with custody.
Singh attempted to counter by saying, “It was an order that was passed during the height of Covid.” However, the bench asked him to answer the question raised by Grover.
“The court did not stop at the report. The court analyzed everything before reaching a conclusion,” the magistrate said.
Singh said there was no need to analyze the report.
Meanwhile, the court said that since the division bench had followed this action before, Rao was justified in requesting that the same procedure be followed.
The court asked Grover to file an affidavit by December 28. The next hearing will take place on January 4. The court also extended Rao’s deadline for surrender to January 7.
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