[Bhima Koregaon] Varavara Rao engaged in continuous unlawful activities against Government of India: NIA to Supreme Court

The National Investigative Agency (NIA) has told the Supreme Court that Varavara Rao, accused in the Elgar Parishad case, should not be granted bail since "Rao is engaged in continuous unlawful activities against the Government of India".[P Varavara Rao v NIA].Rao, who has been in custody for over two years, had approached the top court seeking permanent medical bail which the NIA has now opposed stating that his actions were allegedly furthering the agenda of banned organisation, Communist Party of India (Maoist)."Rao was not merely associated or supported CPI(Maoist) but he was constantly fulfilling the agenda of the banned organisation and was being appreciated by the members of CPIM," the affidavit filed by NIA said. .Rao's actions went against the interests of the state and public at large, the NIA further said."Considering the offence committed by the accused which is against the interest of the country and the principles of Indian Constitution, there shall be no relief when the offence is against the state and public interest," the NIA stated in its counter affidavit..The NIA also referred to a document of the banned organisation found during the probe which was named "Strategy and tactics of Indian revolution""The central task of CPIM was not to wage a conventional war but people's war by mobilizing people on a massive scale both militarily and politically. Document refers to subverting democratic institutions to further their ulterior motive," the counter affidavit filed through Advocate Nupur Kumar said..Rao moved the Supreme Court after the Bombay High Court refused to grant him permanent medical bail.The High Court bench of SB Shukre and GA Sanap besides rejecting Rao's plea for bail had also dismissed his application to reside in Telangana during the duration of his trial.The Court had, however, extended for three more months, an earlier order granting him temporary bail on medical grounds..The plea before the apex court said that Rao has already spent two years in jail as an under-trial, and 'further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination'.It was submitted that the High Court had committed a 'serious error' in holding that indefinite bail could not be granted in the present case as it was only given for six months earlier.The petitioner has several serious health conditions including umbilical hernia, neurological and Parkison's symptoms, brain clots, and cataract in both his eyes for which he has not undertaken surgery given the prohibitive costs in Mumbai, the plea said.It was also contended that even though the High Court has called for the trial to be expedited, over 300 witnesses have to be examined, which would take at least 10 years.