What is the quality of life of a 82-year-old in detention? Bombay High Court asks during Varavara Rao bail hearing

The Bombay High Court on Thursday asked Additional Solicitor General Anil Singh, appearing for the National Investigation Agency (NIA), what would happen in case of an emergency if Bhima Koregaon accused Dr. Varavara Rao is transferred outside Nanavati Hospital..The Bench of Justices SS Shinde and Manish Pitale raised the question during Rao’s plea for grant of bail on medical grounds along with the plea filed by his wife seeking the Court’s intervention in view of the violation of his fundamental right to health..Singh’s contentions were two fold:That the jail authorities were capable of providing all medical facilities that were being provided by Nanavati Hospital. On the hypothetical possibility of a medical emergency faced by Rao, bail ought not to be granted.That while considering bail application, the seriousness of the offence charged against the accused must be considered..Before Singh could proceed to substantiate his submissions with judgments, Justice Shinde pointed out that Rao was transferred to Nanavati from JJ Hospital after which his condition improved. The Bench also noted that he now has to take medication on a daily basis due to his medical conditions.“Now in hospital in Taloja jail, catheter was not removed for 3 months. This is the fact”, Justice Shinde added..Singh responded by apprising the Court that Rao was transferred to Nanavati Hospital as soon as he got COVID-19 last year, only because Nanavati was the best hospital for COVID care at that time.“He was shifted there because it was the best hospital then. The object behind transferring him was that he should be given the best treatment.”.He pointed out that the State had stepped up in situations where Rao required medical assistance, even in times of emergency..Justice Shinde, however, responded,“It should be the concern of the State and the agency should be concerned of this, not the Court. Court comes afterward. If there was no petition or appeal, there was no reason for the Court to interfere.”.Justice Shinde recollected the incident pertaining to another Bhima Koregaon co-accused Gautam Navlakha.“A prisoner was denied his spectacles sent from his family. They sent it back to his family. Now he cannot even see. We are not saying it is ill-intentioned. But it is a mistake of the jail authorities.”.When it come to fundamental rights, it is not adversarial litigation, it is the duty of the state.Justice SS Shinde.Justice Pitale chimed in to reiterate the medical history of Rao. He stated that the Court was witness to his visits in and out of the various hospitals and was now also privy to his medical reports and medication.He said,“Can we go a step further and say, what is the quality of life of a 82-year-old in detention? Is it worth to wait for another emergency to happen to take him to Nanavati only because we reject his bail because of your apprehension?” .Justice Pitale also considered if the Court could impose restrictions such as staying within the jurisdiction of the trial court with his family, taking into account his fundamental right to health as undertrial under Article 21. He mused,“Detention of a person of such an advanced age is not advisable under the medical conditions. What if we impose conditions like he has to stay with his family within the jurisdiction of the Special Court? Your apprehension can be taken care of with the conditions. Continuing detention maybe detrimental to the health of the present undertrial.”.Justice Shinde then pointed out that the trial is yet to begin, with over 200 witnesses slated to be examined, as the charges were yet to be framed..Singh argued that considering the seriousness of his offences, bail should not be granted to him.“I wouldn't have contested this much had it not been a serious offence in a matter of national security. It is a question of national security. Tomorrow if something happens, then we are responsible.”Relying upon the Supreme Court’s bail order of Asaram Bapu v. State of Rajasthan, he submitted,“Even on medical grounds, the seriousness of the offence was considered.”.Singh concluded his submissions for today by praying that instead of releasing Rao on conditional bail, the Court may impose conditions on the authorities for the octogenarian's detention.“If he is released on bail or temporary bail or conditions are imposed on him...Instead of that those conditions may be imposed on the authorities to ensure he is provided proper medical care, medical facilities, regular testing. In what manner and how he has to be kept in the prison ward can be considered. Those conditions can definitely be imposed.”.As the Court had other fixed matters pending for hearing, it adjourned the case for February 3 for further hearing..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.