Read Time: 06 minutes

Synopsis

The Bombay High Court on Monday allowed Bhima Koregaon accused Varavara Rao to travel to Hyderabad for 10 days for cataract surgery. 

The division bench, consisting of Justice AS Gadkari and Justice SC Chandak, was hearing a petition filed by the Bhima Koregaon accused, who had been denied permission to travel to Hyderabad for the surgery.

Rao had earlier approached the Supreme Court seeking permission to travel to Hyderabad for his cataract surgery. However, the top court asked Rao to approach the Special NIA Court to seek permission to travel for his surgery.

After the Supreme Court's order, Rao sought permission to travel to Hyderabad from the Special NIA Court.

However, his application for a three-month travel permit to Hyderabad was rejected by the Special Court.

The Special Court justified its decision by suggesting that Rao could have his surgery in Mumbai and that arguments were ongoing in the discharge plea.

Aggrieved with the Special NIA Court's decision, Rao then approached the Bombay High Court to seek permission to travel to Hyderabad.

Before the High Court, Advocate R Satyanarayana, representing Rao, argued that medical treatment in Mumbai was costly. As a pensioner in Telangana, Rao was eligible for medical benefits as a senior citizen. He further requested a period of 10 days for Rao to stay in Hyderabad.

Advocate Sandeep Patil, representing the NIA, opposed the plea, contending that cataract surgery typically allows for discharge on the same day and that Rao could be permitted to be in Hyderabad for only 3 days.

The high court noted that there was no dispute that Rao needed to undergo surgery.

Therefore, the bench permitted Rao to travel to Hyderabad for 10 days from the date the order was uploaded.

The bench also allowed Rao to file an application before the NIA court for permission to travel to Hyderabad for surgery on his other eye.

During a previous hearing before Justice Amit Borkar, the High Court had inquired whether Rao was eligible for free surgery in Hyderabad.

The Supreme Court had granted medical bail to Rao in August 2022.

Rao was arrested on August 28, 2018, from Hyderabad and is an under-trial in the Bhima Koregaon case for which an FIR was lodged against him by the Pune police at the Vishrambagh police station on January 8, 2018, under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).

His arrest was made for his alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune in December 2017.

According to the police, his speech triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of Pune.

The Pune police had also claimed that the conclave was organised by people with alleged Maoist links. Later, the National Investigation Agency (NIA) took over the probe into the matter.

Case Title: Dr. P Varavara Rao vs National Investigating Agency