Thread by @barandbench

Justice UU Lalit led bench hears Pendyala Hemlatha, the wife of activist-poet and accused in the #BhimaKoregaon case, Dr P Varavara Rao's plea seeking his release on bail on medical grounds, claiming that Rao is being treated inhumanely by authorities

#SupremeCourt

Senior Advocate Indra Jaising appears for Rao.

Jaising-- there is violation of right to health

SC-- there are three dimensions- cognizance has been taken so we cannot say detention of the man is illegal

The issue if bail is before the HC

SC: Bail could be on merits or on medical grounds. Medical grounds also the High court is seized of the matter. The Nanavati hospital report is before the HC. Because 2 judges recused the matter is not getting heard. That is bothering us.

SC: You want us to admit him on bail, and set him at liberty.
-- those issued are pending before the HC.

Jaising: there is a lot of precedence when undertrials have died due to insufficient medical facilities

SC: We are not on that but the issue is why the case is not being listed before the HC? We can ask for it to be listed within a week.

Jaising: Prisoners right to health in custody is important and has been held to be so by this Court. Right to life and dignity is being violated foe the accused.

SC: We need to see whether Taloja hospital or Nanavati is better equipped to deal with his medical condition.

Jaising: the cause of action under bail is different from article 32 plea. Prisoners right to health in custody has to be protected

SC: High Court will also see if facilities at Taloja hospital is sufficient. We need to see if jail hospital has all the facilities or not. If they have then you can't see better facility is there in England or Nanavati. If its available then treatment will be in jail hospital

SC to Solicitor-General Tushar Mehta: You are appearing

SG: We were only served an advance copy. No notice was issued.

SC: if we suggest that till HC decides the matter, let him be in Nanavati Hospital as facilities are there

SG: Health of all prisoner is important for the state. But why should this not be extended to all prisoners.

SC: But that should not deter us as if facility is bad then all prisoners should get better treatment. You have to be a little more liberal.

SC: This petition under art 32 of the constitution has prayed for the following reliefs-- after filing chargesheet, 2019 special judge in Pune taken cognizance of offences against 5 arrested persons.The plea says supplementary chargesheet was filed in 2019.

SC: Application for bail is presently pending. According to the record the application for bail was filed - came before court on 10 August 2020, then on 17 August 2020 before two separate benches--
Matter has not been listed since 17 jule before the HC

SC asks Bombay HC to take up plea filed by Varavara Rao's wife

SC requests CJ of Bombay HC to list the appeal before the appropriate bench..to urge the HC that the medical condition of the petitioner demands attention of a particular character and time.

SC: The matter raises questions regarding human rights of a prisoner/convict/accused.

We allow the petitioner to withdraw this plea and file an appropriate petition before the High Court.