[Bhima Koregaon] "What is the price we pay if he is acquitted?" Indira Jaising during Varavara Rao's bail hearing in Bombay High Court

The Bombay High Court today directed the immediate transfer of poet activist Dr Varavara Rao, an accused in the Bhima Koregaon case, from Taloja jail to the Nanavati hospital for medical examinations and treatment in view of concerns over his deteriorating health condition..The Bench of Justices SS Shinde and Madhav Jamdar passed an order to this effect, after taking on record a statement by Public Prosecutor Deepak Thakre on instructions from the State's Home Minister, that Rao may be shifted to Nanavati as a special case, and not as a precedent. ."Let him be examined and after two weeks we will see", the Bench orally observed during the hearing..The order was passed after hearing extensive arguments by Senior Advocate Indira Jaising, who appeared for Rao's wife Pendyalatha Hemlatha who moved the plea to release Rao on bail in view of his medical condition. .Jaising today confined her arguments to interim relief that Rao be shifted out of the jail hospital to Nanavati hospital for tests and treatment. Rao was detained in Taloja jail following his arrest in connection with the Bhima Koregaon case in 2018.."The purpose of detention is to ensure no one flees justice. He is bedridden inside the jail!", Jaising asserted today, while arguing on the question of interim relief. .She went on to contend that it is imperative to shift Rao out of Taloja Jail's hospital to Nanavati, given that the jail hospital is not equipped to take care of Rao in his present health condition. "How can he be monitored by specialists in a hospital which does not have a laboratory? Leave aside experts!", she submitted..She added, "He has been shifted from one hospital to another and (has been) in jail hospital since May. His catheter has not been changed, the jail has no facility for this. It is an expert job. He is in diapers. The catheter is kept 24x7.".During the course of the hearing, Additional Solicitor General Anil Singh, appearing for the National Investigation Agency (NIA) which is probing the Bhima Koregaon case, pointed out that the court had earlier only directed that a medical exam by video call be conducted on Rao."The previous order says: if required, physical examination can be done", Singh pointed out. .Bombay High Court orders medical exam to gauge Dr Varavara Rao's health status, bail plea to be taken up next on Nov 17."And who takes responsibility if he dies in between?", Jaising countered. .The court was also informed that the Bhima Koregaon case is presently at the stage of framing of charge at the lower Court. ASG Singh further submitted that there were 60 witnesses involved in the case, with Senior Advocate Anand Grover chiming in that 13 people have been accused in the case. .While this was the case, Jaising argued,"It is not beneficial to you if he dies. What if he is acquitted? What is the price we pay?".She went on to contend that Rao's health condition is dire, submitting,"He has brain atrophy, his kidneys have failed.. what more do I need to show? We do not have clinical reports to show your Lords... I can establish from the reports that his kidney has failed, his liver has failed, brain atrophy...This is a man who cannot even stand." ."... he is being detained in cruelty. Death is inevitable. But everyone wants to exit in a dignified manner."Senior Advocate Indira Jaising.ASG Anil Singh and Chief PP Deepak Thakre both suggested to the Court that Rao may be shifted to JJ Hospital instead of Nanavati, since JJ Hospital is a government hospital. .However, the court eventually allowed Rao's transfer to the Nanavati Hospital, after Thakre obtained instructions to permit the same as a special case. .The Court added, "it goes without saying that the State will bear the expenses.".Read a live account of the hearing today:.Dr Varavara Rao to be shifted to Nanavati Hospital for medical exams, treatment on State expense: LIVE UPDATES from Bombay High Court.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.