#BombayHighCourt will begin hearing the pleas filed by wife of activist and #BhimaKoregaon case accused Varavara Rao seeking his release from #Talojajail where he is presently in custody.
Bench of Justices AK Menon and SP Tavade will commence hearing at 3 pm.
@NIA_India
Bench of Justices AK Menon and SP Tavade will commence hearing at 3 pm.
@NIA_India
In the new plea filed by Rao’s wife under Art. 226, she has sought Rai’s immediate release from detention citing medical grounds and failure by government authorities to provide appropriate medical treatment in jail.
#BhimaKoregaon
#VaravaraRao
Read: barandbench.com/news/litigatio…
#BhimaKoregaon
#VaravaraRao
Read: barandbench.com/news/litigatio…
Bench assembles.
Sr. Adv. Indira Jaising addresses the court, asks for court for a minute to set up her mike and video.
#BhimaKoregaon
#VaravaraRao
Sr. Adv. Indira Jaising addresses the court, asks for court for a minute to set up her mike and video.
#BhimaKoregaon
#VaravaraRao
Jaising begins her submissions.
She begins with the list of dates from the petition.
Jaising: realm of facts is not disputed Milords.
I also want to point out that the affidavit of @NIA_India does not deny the medical condition of Varavara Rao.
#BhimaKoregaon
#VaravaraRao
She begins with the list of dates from the petition.
Jaising: realm of facts is not disputed Milords.
I also want to point out that the affidavit of @NIA_India does not deny the medical condition of Varavara Rao.
#BhimaKoregaon
#VaravaraRao
Jaising: I will be arguing my 226 petition and my plea for bail.
This matter comes before you from the SC of India with directions of disposing the petition within 15 days.
Rao’s condition is deteriorating day by day.
This matter comes before you from the SC of India with directions of disposing the petition within 15 days.
Rao’s condition is deteriorating day by day.
Jaising: Father Stan had called Sr. Adv. Mihir Desai informing him that the condition of Rao is fast deteriorating.
Please bear in mind that the scope of arguments are of Fundamental rights of health and life of the accused.
#BhimaKoregaon
#VaravaraRao
Please bear in mind that the scope of arguments are of Fundamental rights of health and life of the accused.
#BhimaKoregaon
#VaravaraRao
Jaising: I contend that the fundamental right of the accused of health are not affected by virtue of being undertrial.
I am seeking that he be put in Nanavati Hospital for his medical treatment from #Talojajail
I am seeking that he be put in Nanavati Hospital for his medical treatment from #Talojajail
Jaising: I hesitate to make bold statements, but I don’t mind saying this that I apprehend he will lose his life if he continues in jail.
He suffers from neurological condition, he is bedridden, his catheter is not changed for more than 40 days.
He suffers from neurological condition, he is bedridden, his catheter is not changed for more than 40 days.
Jaising: If he loses his life in custody, it is custodial death.
The State, NIA are duty bound to protect life of people undertrial.
#BhimaKoregaon
The State, NIA are duty bound to protect life of people undertrial.
#BhimaKoregaon
Jaising: He is entitled to be set on liberty, he is sick.
I am only seeking he be transferred to Nanavati Hospital, and an independent medical investigation be called for, to chart out the further course of action for him.
We are no experts in these matters.
#BhimaKoregaon
I am only seeking he be transferred to Nanavati Hospital, and an independent medical investigation be called for, to chart out the further course of action for him.
We are no experts in these matters.
#BhimaKoregaon
Jaising: Even NIA will confirm this, Rao is in the Taloja hospital and it is not a super specialty hospital fit to handle Rao’s condition.
@NIA_India
#BhimaKoregaon
@NIA_India
#BhimaKoregaon
Jaising: on 15.05.2020 Rao was admitted to #Talojajail . This was after the opinion of the jail authorities, not my application.
The second time, I asked for transfer to hospital on grounds of, for lack of better words, medical bail.
The second time, I asked for transfer to hospital on grounds of, for lack of better words, medical bail.
Jaising: Thereafter we moved applications for medical bail from the Special NIA Court.
The bail was rejected.
Thereafter he was in Nanavati Hospital, when the Bombay HC asked for a report of Rao, which was not submitted, but he was moved back to #Talojajail
The bail was rejected.
Thereafter he was in Nanavati Hospital, when the Bombay HC asked for a report of Rao, which was not submitted, but he was moved back to #Talojajail
Jaising: Thereafter, under medical emergency, he was shifted to JJ Hospital, when his family met him and found in pitiable condition.
#BhimaKoregaon
#BhimaKoregaon
Jaising: After he was tested positive of COVID-19, he was shifted to Nanavati hospital after neither JJ, St George could handle his condition.
Thereafter he was abruptly taken to #Talojajail where he is till date.
He is bed ridden. Do you think a man bedridden can flee?
Thereafter he was abruptly taken to #Talojajail where he is till date.
He is bed ridden. Do you think a man bedridden can flee?
Jaising: We thereafter approached the SC, where we did not seek for expedite hearing. The plea was under Art. 32 challenging the violation to the his fundamental rights.
SC passed an order which is annexed in the petition.
HC: You can proceed with assuming we have read.
SC passed an order which is annexed in the petition.
HC: You can proceed with assuming we have read.
Read more: barandbench.com/news/supreme-c…
Jaising begins reading the medical reports of Rao to the Court pointing out that he is suffering from neurological conditions.
Jaising: Rao had suffered lacerated wounds on his head when he was admitted in St. George’s hospital.
He is suffering from dementia.
Jaising: Rao had suffered lacerated wounds on his head when he was admitted in St. George’s hospital.
He is suffering from dementia.
Jaising: His mental condition because of his physical condition was not correct and his condition was not corrected.
Court: These are detailed analysis report. Let us proceed. Come to the prognosis.
Court: These are detailed analysis report. Let us proceed. Come to the prognosis.
Jaising: Jaising: His neurological status has not improved. This is from Nanavati where he was detected COVID positive.
Despite such report, why was he sent back to jail.
#BhimaKoregaon
#VaravaraRao
Despite such report, why was he sent back to jail.
#BhimaKoregaon
#VaravaraRao
Court: We need to consider the latest report.
Jaising: Which is my prayer, transfer him to Nanavati and get his latest reports sent to court.
#BhimaKoregaon
#VaravaraRao
Jaising: Which is my prayer, transfer him to Nanavati and get his latest reports sent to court.
#BhimaKoregaon
#VaravaraRao
Jaising: This report is couple of months old and even the decisions of NIA to move to the #Talojajail is unfathomable.
Moving to submissions on law.
#BhimaKoregaon
#VaravaraRao
Moving to submissions on law.
#BhimaKoregaon
#VaravaraRao
Jaising: Firstly cause of action - we have come under Art. 226.
Conditions of detention cannot be cruel, inhuman and degrading and his conditions are.
Conditions of detention cannot be cruel, inhuman and degrading and his conditions are.
HC: What you are seeking is that there is no medical report since July 2020. So we will ask the other side, but you satisfy us on only this prayer - seeking release on medical grounds.
Jaising points out her prayer.
Jaising points out her prayer.
HC: You have sought for release to hospital and then you are saying that get his investigations done.
You should have preceded investigation before release.
Jaising: No I will explain, I am saying transfer him, investigations will keep happening.
You should have preceded investigation before release.
Jaising: No I will explain, I am saying transfer him, investigations will keep happening.
Jaising: I will accept if Nanavati Hospital conducts his investigation, we accept that the Hospital will handle him professionally.
#BhimaKoregaon
#VaravaraRao
#BhimaKoregaon
#VaravaraRao
Jaising: I will read from their Affidavit that Nanavati is a hospital of their choice.
They have not denied anything about his medical condition.
#BhimaKoregaon
#VaravaraRao
They have not denied anything about his medical condition.
#BhimaKoregaon
#VaravaraRao
Jaising: The reason for rejecting his bail was that he is accused under the UAPA, he is a terrorist. There is a list of 25 matters wherein he is allegedly accused.
Let me point out, barring 2, he is acquitted in all.
#BhimaKoregaon
#VaravaraRao
Let me point out, barring 2, he is acquitted in all.
#BhimaKoregaon
#VaravaraRao
HC: Are you pressing for prayer seeking a medical board for medical investigation?
Jaising: With a minor modification of allowing Nanavati Hospital to conduct investigation, I am pressing for that also.
Jaising concludes her submissions on the interim reliefs.
Jaising: With a minor modification of allowing Nanavati Hospital to conduct investigation, I am pressing for that also.
Jaising concludes her submissions on the interim reliefs.
Court asks ASG Anil Singh for @NIA_India to address the Court.
Singh: He was admitted to the hospital which is a super specialty hospital.
Whenever the family wanted to see them, we let them meet them.
Singh: He was admitted to the hospital which is a super specialty hospital.
Whenever the family wanted to see them, we let them meet them.
HC: Now since the interim application pertains to his medical condition, why can’t Nanavati Hospital doctors see him through video call?
Why can’t you send get him examined till the application is being heard?
ASG: The Nanavati Hospital and JJ Hospital are giving treatment.
Why can’t you send get him examined till the application is being heard?
ASG: The Nanavati Hospital and JJ Hospital are giving treatment.
HC: A patient to be able to carry out test, must be able to withstand the test. But can a panel of doctors see him? A medical assessment cannot be opposed by the state.
Chief PP Deepak Thakare what we propose is get team of doctors from Nanavati Hospital to assess his situation
Chief PP Deepak Thakare what we propose is get team of doctors from Nanavati Hospital to assess his situation
HC: The doctors can decide if he can be moved, or suggest the further course of action.
Thakare: Milords we have the latest report with us, I have submitted to you.
HC: This seems like he may be in a better condition, is it?
Thakare: Milords we have the latest report with us, I have submitted to you.
HC: This seems like he may be in a better condition, is it?
HC: It is clear from this report that the person who has conducted his tests, examines the person on video and whether the prayer to shift him to the hospital is possible?
#BhimaKoregaon
#VaravaraRao
#BhimaKoregaon
#VaravaraRao
HC: Can you not permit a video examination, because we don’t know his condition, the petitioner does not know his condition?
Jaising: There can be no subsitute to a physical examination.
HC: Let there be a medical examination straightaway.
Jaising: There has to be examination.
Jaising: There can be no subsitute to a physical examination.
HC: Let there be a medical examination straightaway.
Jaising: There has to be examination.
HC: Thakare ask Nanavati hospital if they cn make a visit. There is merit in Jaising’s submission. How much can he answer on a video call?
ASG: Let the doctors examine by video, and if there is requirement then they can go.
This will set wrong precedents for others.
ASG: Let the doctors examine by video, and if there is requirement then they can go.
This will set wrong precedents for others.
ASG: There are so many inmates and then this will mean that the govt doctors are incompetent.
Jaising: Mr. Singh you shifted him from JJ to Nanavati because JJ could not handle him.
HC: We have the report before us which you will receive.
Jaising: Mr. Singh you shifted him from JJ to Nanavati because JJ could not handle him.
HC: We have the report before us which you will receive.
HC: Let Nanavati doctors decide what is best course of action.
Jaising: Can the Court grant directions that if he cannot be taken to the hospital, then doctors will come to him, what is the problem!
Jaising: Can the Court grant directions that if he cannot be taken to the hospital, then doctors will come to him, what is the problem!
HC: We propose that let there be a video call immediately, let them assess the situation.
It is not any officer of the hospital, he should be a person who knows the patient and who was present during the 30th July 2020 report.
It is not any officer of the hospital, he should be a person who knows the patient and who was present during the 30th July 2020 report.
ASG: Let it be subjective to the availability of the doctor. If today, if not then tomorrow.
Jaising: I am requesting that the matter be kept tomorrow with report if possible, for an expeditious hearing. We want an order from the Court to the Respondents.
Jaising: I am requesting that the matter be kept tomorrow with report if possible, for an expeditious hearing. We want an order from the Court to the Respondents.
HC: Jaising you have also approached the Court after the 29th October after you opted to file the fresh petition now.
You could have amended the petition and submit it here.
You could have amended the petition and submit it here.
Jaising: We have not delayed in filing the petition, we were told that the bench sits only for 2 days, so there was confusion.
HC: Ask your attorney to check the notices on our website.
HC dictates order that a video examination is permitted forthwith. Both sides agree to it.
HC: Ask your attorney to check the notices on our website.
HC dictates order that a video examination is permitted forthwith. Both sides agree to it.
HC: If possible do it in the course of the day today wherein the Nanavati doctors who had issued report on his condition if possible could be party to the video consultation.
HC: If the panel feels that the assessment of the medical condition is not possible on video call, then they can visit the Taloja Jail in consultation of the jail authorities.
HC: All parties agree this is the most suitable solution. And in order to ascertain the medical conditions of the accused.
HC: A medical report issued by Taloja Central Prison which seems to suggest that the accused is being attended to on a regular basis in consultation of Nanavati Hospital.
HC: Nanavati doctors should consider this as well.
If the doctors feel that a physical visit is necessary and possible then the doctors can visit the Taloja Jail physically.
The report be submitted to the court before November 16.
If the doctors feel that a physical visit is necessary and possible then the doctors can visit the Taloja Jail physically.
The report be submitted to the court before November 16.
HC: All concerned to act without awaiting the order of the court.
Jaising: May I kindly request for video hearing, as I am advised not to travel because of my health.
HC: We have added video hearing.
Jaising: May I kindly request for video hearing, as I am advised not to travel because of my health.
HC: We have added video hearing.
Hearing concluded. The matter will be taken up by the next vacation bench sitting on November 17 at 3 pm viz. Justices SS Shinde and Madhav Jamdar.
No Bail for Varavara Rao. Matter Adjourned to November 17.
Bombay High Court orders medical exam to gauge Dr Varavara Rao's health status, bail plea to be taken up next on Nov 17
#VaravaraRao #BombayHighCourt
barandbench.com/news/litigatio…
#VaravaraRao #BombayHighCourt
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