Bombay High Court hears plea seeking bail for Dr Varavara Rao on medical grounds [LIVE UPDATES]

The Bombay High Court is hearing the plea moved by Pendyala Hemlatha , the wife of poet-activist Dr Varavara Rao , for his immediate release on bail citing medical grounds.

. At the previous hearing, the High Court directed that a medical examination be conducted to gauge Rao's health status.

. The Bench had also asked the examining doctors to factor in a medical report issued by the Taloja Central Prison which seemed to suggest that the accused is being attended to on a regular basis in consultation of Nanavati Hospital.

. Live updates from the hearing today feature here

. Hearing begins.

. Senior Advocate Indira Jaising appears for Varavara Rao, ASG Anil Singh appears for the NIA and Chief Public Prosecutor Deepak Thakre appears for the Taloja Jail officials.

. Jaising : There is an Article 226 petition after the Supreme Court's rejection of bail. Before I proceed, let me point out the order of November 12, 2020. We still do not have the complete medical report.

. High Court asks Thakre if the report of November 13 is forwarded to Jaising. He replies in affirmative.

. Jaising proceeds to compare the latest medical report with the former medical report.

. Court asks her to adjust her mike as she is not clearly audible.

. Jaising : My first submission is that there has been non-compliance of Order of November 12. The report before you is incomplete and the reports of the alleged medical tests conducted, are not annexed

. Jaising : This has to be read in conjunction with the previous report of Nanavati which mentions morbidity. I request you to kindly see the report of the Nanavati hospital which was submitted before he was taken back to Taloja from Nanavati.

. Court: We still cannot hear you. What we propose is you forward your brief submissions to us, to Mr. Singh and Thakre. So that they can respond tomorrow. In the meantime, you can adjust your system.

. Jaising : I can very much come for a physical hearing.

. Jaising : Their reports are not forthcoming. The neurologist has not seen him, neither the urologists. The VC hearing was for 15 mins. How can they determine in such a span if he is fit or not? The delay is not suiting him. I can come repeatedly for hearing.

. Jaising : He is in the jail hospital, and they are not equipped to conduct medical investigations on him.

. Jaising : The report which is submitted to you now, is an eye wash. I am earnestly requesting he be moved to Nanavati hospital so that a proper medical report can be submitted to you. We have been saying he is suffering from dementia, where is the report on that?

. Jaising : That is relevant for considering his bail application, which is on board and I intend to argue it.

. Court : The problem still remains that we cannot hear your sentences clearly

. Jaising : If you feel a physical hearing will help the court in making a decision, then I am willing to come.

. Court : Let us ask the others.

. ASG : I leave it to the court.

. Court : Whatever we understood from her submission is that the neurologist report... but whatever examination is done, each head, details are required. Forward it to us all. And then tomorrow we can conduct a physical hearing.

. Court : Madam, will you be comfortable to come for physical hearing?

. Jaising : Yes, me along with my team of advocates of record, we are all willing to come.

. Court : We will hear you all in physical hearing tomorrow at 11 am.

. Court : In the meantime Thakre, any additional papers regarding medical examination, please forward to us.

. Court records: Mr. Thakre submits a report by Dr. Chaudhary. The same is taken on record. Ms. Jaising, Senior Advocate submitted that only one page report is forwarded to her. Copies of the detailed report may be given to the petitioner. She submits that there is some internet problem and she is ready to come to court tomorrow for physical hearing to argue the matter .

. Court: Mr. Singh, ASG, and Mr. Thakre, Chief PP have no objection to place this matter for physical hearing. Registry to place this matter for hearing tomorrow at 11 am.

. Thakre : The report is signed by two doctors.

. Jaising : Please record that they agree that there is no report from any neurologist.

. ASG : We will see this tomorrow milords.

. Court : Alright. Tomorrow at 11 am.

Bombay High Court hears plea seeking bail for Dr Varavara Rao on medical grounds [LIVE UPDATES]

Bar & Bench

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