Supreme Court extends protection granted by Bombay High Court to Bhima-Koregaon case accused Varavara Rao

Read Time: 05 minutes

Synopsis

The court was hearing Rao's plea challenging a Bombay High Court order of April 2022 rejecting his prayer for permanent medical bail.

A Supreme Court bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia today extended the protection granted to Bhima-Koregaon violence accused P.Varavara Rao.

Court was hearing his plea challenging a Bombay High Court order of April 2022 rejecting his prayer for permanent medical bail. The court, however, had granted Rao three-months time to surrender before the Taloja prison authorities to enable him to undergo cataract surgery.

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 the 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.

Rao was taken into custody on November 17, 2018, and was later shifted to the Taloja jail. On February 22, 2021, the Bombay High Court granted him 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 for a permanent medical bail. Rao said the high court order from February, 2021 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.

When the matter came up for hearing today, SG Tushar Mehta, appearing for NIA, requested the court to list the matter on some other day. Anand Grover, Sr. Adv, appearing for Rao, informed the court that he had no objection to SG's request. 

Court, on hearing the submissions, adjourned the matter and extended the interim protection granted to Rao by the Bombay High Court till further orders. The matter is likely to be next heard on July 19, 2022. 

Case title: Varavara Rao Vs NIA