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Synopsis

A Supreme Court bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia today issued notice to the National Investigation Agency (NIA) in the plea filed by Bhima-Koregaon violence accused Varavara Rao. Rao has challenged 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, argued that the Bombay High Court order mentioned how jail conditions need to be improved.

Top Court refused to get into the same and took a moment to discuss among themselves.

Considering the nature of the controversy, the bench ordered that the matter shall be disposed of on the next occasion and issued notice returnable on August 10, 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 in the matter.

On February 22, 2021, the Bombay High Court granted Rao bail on medical grounds and he was released from jail on March 6, 2021. It is Rao's contention that health conditions, including his sufferings in jail, will entail him a permanent medical bail. Rao said the high court order had contemplated that he could be on medical bail for an extended period on medical grounds, depending on his medical condition supported by medical examination reports.

On the last date of hearing, the bench extended the protection granted to Rao.

Case Title: Varavara Rao Vs NIA