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Synopsis

The Supreme Court on Wednesday granted permanent medical bail to the 2018 Bhima Koregaon case accused Pendyala Varavara Rao. He is facing charges under the Unlawful Activities (Prevention) Act (UAPA).

A bench of Justice UU Lalit, Justice Aniruddha Bose and Justice Sudhanshu Dhulia passed the order on the plea filed by Rao challenging a Bombay High Court order of April this year rejecting his prayer for permanent medical bail.

Moreover, the interim protection granted to Rao on medical grounds has also been extended.

The High Court had granted Rao three months' time to surrender before the Taloja prison authorities to enable him to undergo cataract surgery.

When the matter came up for hearing, Anand Grover, Senior Advocate, appearing for Rao, submitted that the trial has not started yet, and even if the trial starts today, it'll take a minimum of 10 years. He is 82 years old and is in jail since 2018, he said.

On the contrary, Additional Solicitor General SV Raju submitted that the opposite party is trying to delay the trial. Over the argument made by Grover that Rao is suffering from Parkinson's disease, ASG Raju contended that Rao's medical records don't show any evidence of Parkinson's. He is able to do his normal daily things, nothing serious, he submitted. 

To this, the bench said, "Look at his age as well. The normal tendency is that when a person is suffering from such diseases the condition might aggravate and not improve."

ASG Raju, while referring to a medical report submitted by Rao, stated that despite it being from a Private Hospital, it had been accepted. The only symptom was Covid-19 and nothing else, there is nothing much serious as far as this is concerned, he argued.

After the bench was informed that Rao has been in jail since 2018 in the same case, it opined that officers definitely had an opportunity for custodial interrogation once an offence was registered under UAPA.

The bench said, "There may be a few people who are at the pink of their health at 82. Good for them. But this is not the case usually. Why he should not be allowed?"

Concluding his arguments, Grover, on behalf of Rao, submitted, "I'm a poet, I'm a writer, I have been in all the investigations. Is it their interest that I die in jail? I'm prepared to stand trial but why should my liberty be removed? Who is going to gain if I die?"

To which, the bench said, "We wish you good health and every person in this country has the right to have good health and there is no exception to that."

The bench while allowing Rao on bail, noted that:

• The appellant is 82 years;
• He is in custody for more than 2 and a half years;
• Some of the accused are not apprehended, and the trial has not commenced;
• The medical condition of the appellant has not improved to such an extent over the period of time that the leave be withdrawn;
• The appellant is entitled to be released on bail. We delete the condition limiting the relief in terms of time.

In the instant case, allegations made out in terms of the draft before Courts include CPI (Maoist) members recruited students from JNU and TISS for terrorist activities and encouraged them for membership of banned organizations CPI (Maoist).

Case Title: P. VARAVARA RAO Vs. NATIONAL INVESTIGATION AGENCY AND ANR.