Elgar Parishad Case: SC Considers Mahesh Raut’s Medical Bail Plea; Hearing on Sept 16

The Bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma took note of Raut’s submission that he has been suffering from rheumatoid arthritis (RA) and that adequate medical facilities for treatment are not available within the prison or at J.J. Hospital.

During the hearing, Additional Solicitor General (ASG) SV Raju appeared for NIA.

Senior Counsel appearing for Raut argued that the ailment requires specialized medical care and continuous treatment, which cannot be adequately provided in custody. He requested that the prison hospital be directed to file a status report and that Raut be allowed to undergo a proper medical examination.

Raut was earlier granted bail by the Bombay High Court. However, on the National Investigation Agency’s (NIA) request, the High Court stayed the order for a week, which was later continued by the Supreme Court. Raut has been incarcerated for over seven years in connection with the Bhima Koregaon-Elgar Parishad case.

Justice Sundresh observed that the Court would not hesitate to consider medical release if the ailment was indeed serious and required sustained treatment. “If the ailment is so serious that it warrants continuous treatment, then there is no difficulty. Because all of us know that government doctors play it safe. If a serious treatment is required, they will not touch it because if anything happens then they will be responsible,” Justice Sundresh remarked.

He further added, “So let’s just find out, no problem.” The Bench clarified that if the State or prison authorities wished to file an affidavit, they were free to do so.

Counsel for Raut emphasized that despite the High Court granting him bail, the stay has prolonged his custody. “He has been inside for seven years,” counsel urged.

Taking note of the submissions, the Supreme Court scheduled the matter for next hearing on Tuesday (September 16).

A division bench of Justice AS Gadkari and Justice Sharmila Deshmukh of the Bombay High Court on September 21, 2023 had granted bail to Raut.

"Prima facie Section 13 and 38 of the UAPA are applicable and section 16, 17, and 18 are not made out. Bail conditions are the same as Anand Temtumbe" the bench had said.

Mahesh Raut, who is accused of alleged links with CPI Maoists was earlier denied bail by the Pune Session Court and Special NIA Court in Mumbai. Raut then filed an appeal before the high court against the rejection of bail by the NIA Court.

Notably, on September 27, 2023, the Apex Court had extended the stay granted on Raut's bail by the Bombay High Court till October 5, 2023. The same order of extension of stay is still ongoing.