Case involves question on human rights of prisoners: Supreme Court directs Varavara Rao's wife to move Bombay HC for bail

The Supreme Court today refused to grant bail to poet-activist and Bhima Koregaon case accused Varavara Rao on medical grounds. While doing so, it directed the Bombay High Court to hear the case at the earliest. .Appearing for Rao's wife, who had moved the bail application, Senior Advocate Indira Jaising submitted,"Prisoner's right to health in custody is important and has been held to be so by this Court. Right to life and dignity is being violated for the accused.".The primary concern before the Bench of Justices UU Lalit, S Ravindra Bhat and Vineet Saran was why this case was not heard by the Bombay High Court since September 17. .Justice Lalit said the case had “three dimensions”:"One, a competent court had taken cognisance of the case, and thus, Mr. Rao's detention was not per se illegal. Second, the question of bail was, again, under the consideration of the High Court. Finally, the issue of setting Mr. Rao at liberty, either on merits of the case or on medical grounds, was being looked into by the High Court." .Bhima Koregaon: Bombay High Court directs Nanavati Hospital to submit Varavara Rao's health report in three days.Observing that the matter raises serious questions on the human rights of prisoners, the Court has now asked the Chief Justice of the Bombay High Court to list the matter at the earliest..The Court also observed that it has to be seen whether facilities at the jail hospital are adequate for Rao. Justice Saran observed,."High Court will also see if facilities at Taloja hospital is sufficient. We need to see if jail hospital has all the facilities or not. If they have, then you can't say better facility is there in England or Nanavati..."Justice Vineet Saran.However, Solicitor General Tushar Mehta stated that such an exception cannot be carved out for Rao, as other prisoners would also seek the same. .To this, Justice Bhat replied that the Centre should be a bit more liberal in this regard. ."That should not deter us. If facility is bad, then all prisoners should get better treatment. You have to be a little more liberal."Justice Ravindra Bhat.The Bench also wondered if it can be ordered that Rao be transferred to Mumbai's Nanavati Hospital till the High Court decides the case. However, this question has been left open for the High Court to decide..The petition before the Supreme Court has now been withdrawn, with a fresh plea likely to be filed before the High Court..The plea filed through Advocate Sunil Fernandes, drawn by Advocate R Sathyanarayanan, and settled by Jaising states that the continuous custody of Rao "amounts to cruel and inhuman treatment, violating Article 21 of the Constitution of India and violative of his dignity in custody, which said right has been violated by the state of Maharashtra and NIA.".The plea had urged the Court to either direct that Rao be set at liberty or that he be granted temporary bail on medical grounds so that he can be with his family in Hyderabad.In view of the activist having been recently infected with COVID-19, the plea adds,"It is further known that COVID-19 hampers all organs including neurological and every patient displays different symptoms. When the Petitioner’s husband was arrested on August 28, 2018, he had no neurological problems. It is therefore highly likely that COVID-19 and the fall that he had in St. George Hopital has led to neurological problems as reflected in the medical report filed by Nanavati Hospital.".Bhima Koregaon: Varavara Rao's wife moves Supreme Court seeking his release on bail on medical grounds, says Rao being treated inhumanely .Rao's wife has claimed that he "has been forced to live in inhumane conditions which is evident from the fact that as per the call from the co-accused to his family, Dr. Varavara Rao has been suffering from urinary infection due to the urine bag which hasn’t been changed for the past 40 days."The plea points out that the chance of commencement of trial in the immediate future is bleak and charges are yet to be framed. Thus, it is submitted that there is a case for grant of bail.Rao's wife Hemlatha claims that she received a letter from her husband on August 31 in which he stated that he was under the belief that she was dead and that her body was at a morgue..Rao's wife states that he "is in no position to stand trial in his present condition and needs critical medical care to keep him alive.""No useful purpose is being served by his continued incarceration except to torture him beyond human endurance. All bail applications are by definition urgent and ought to be given priority in hearing by all judicial authorities especially in the time of COVID 19.".Earlier in June, a National Investigation Agency (NIA) court had rejected the interim bail plea filed by Varavara Rao and activist Dr Shoma Sen, who were both booked in connection with the Bhima Koregaon case.Another bail plea was moved in the Bombay High Court. The NIA, while opposing the bail plea, had claimed that none of the grounds cited “necessitate him to immediately obtain treatment in [a] multi-specialty hospital”.In a 172-page affidavit filed before the Bombay high court, the agency had claimed that the veteran activist is taking “undue benefit of his situation” by seeking bail from the Court.Rao has been in jail since his arrest in June 2018 for his alleged role in the case..Bhima Koregaon: NIA opposes Varavara Rao's bail plea, says he is taking "undue benefit" of COVID-19 pandemic and old age