Thread by @barandbench

[Vacation Court hearing]

#BombayHighCourt to hear the plea filed by wife of activist and #BhimaKoregaon case accused Varavara Rao for his immediate release on bail citing medical grounds.

Bench of Justices SS Shinde and Madhav Jamdar will commence hearing at 3 pm

@NIA_India

In the last hearing, the Court directed that a medical examination be conducted to gauge the health status Rao and to submit the medical assessment report by November 16.

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Bench has assembled. Hearing will commence shortly.

Hearing begins.

Sr. Adv. Indira Jaising appears for Varavara Rao, ASG Anil Singh appears for the NIA and Chief PP Deepak Thakre appears for the Taloja Jail officials.

#bhimakoregaon
#VaravaraRao
#talojajail
#Nanavati

Jaising: There is an Art. 226 petition after SC rejection of bail.

Before I proceed, let me point out the order of Nov. 12, 2020, we still do not have the complete medical report.

HC asks Thakre if the report of Nov 13 is forwarded to Jaising. He replies in affirmative.

Jaising proceeds to compare the latest medical report with the former medical report.

Court asks her to adjust her mike as she is not clearly audible.

#VaravaraRao
#Bailhearing
#Medicalbail

Jaising: My first submission is that there has been non-compliance of Order of Nov 12. The report before you is incomplete and the reports of the alleged medical tests conducted, are not annexed.

Jaising: This has to be read in conjunction with the previous report of Nanavati which mentions morbidity.

I request you to kindly see the report of the Nanavati hospital which was submitted before he was taken back to Taloja from Nanavati.

HC: We still cannot hear you, what we propose is you forward your brief submissions to us, to Mr. Singh and Thakre. So that they can respond tomorrow. In the meantime, you can adjust your system.

Jaising: I can very much come for a physical hearing.

Jaising: Their reports are not forthcoming. The neurologist has not seen him, neither urologists.

The VC hearing was for 15 mins. How can they determine in such a span if he is fit or not.

The delay is not suiting him. I can come repeatedly for hearing.

Jaising: He is in the jail hospital, and they are not equipped to conduct medical investigations on him.

#VaravaraRao
#bhimakoregaon

Jaising: The report which is submitted to you now, is an eye wash.

I am earnestly requesting he be moved to Nanavati hospital, so that a proper medical report can be submitted to you.

We have been saying he is suffering from dementia, where is the report on that?

Jaising: That is relevant for considering his bail application, which is on board and I intend to argue it.

HC: The problem still remains that we cannot hear your sentences clearly.

Jaising: If you feel a physical hearing will help the court in making a decision, then I am willing to come.

HC: Let us ask the others.

ASG: I leave it to the court.

HC: Whatever we understood from her submission is that the neurologist report, but whatever examination is done, each head, details are required. Forward it to us all. And then tomorrow we can conduct a physical hearing.

HC: Madam will you be comfortable to come for physical hearing?

Jaising: Yes, me along with my team of advocates of record, we are all willing to come.

HC: We will hear you all in physical hearing tomorrow at 11 am.

HC: In the meantime Thakre, any additional papers regarding medical examination, please forward to us.

HC records - Mr. Thakre submits a report by Dr. Chaudhary. The same is taken on record. Ms. Jaising, Sr. Adv. submitted that only one page report is forwarded to her.

HC: Copies of the detailed report maybe given to the petitioner. She submits that there is some internet problem and she is ready to come to court tomorrow for physical hearing to argue the matter.

HC: Mr. Singh, ASG, and Mr. Thakre, Chief PP have no objection to place this matter for physical hearing.

Registry to place this matter for hearing tomorrow at 11 am.

Thakre: The report is signed by two doctors.

Jaising: Please record that they agree that there is no report from any neurologist.

ASG: We will see this tomorrow milords.

HC: Alright. Tomorrow at 11 am.

Bombay High Court hears plea seeking bail for Dr Varavara Rao on medical grounds [LIVE UPDATES]
#varavararao
barandbench.com/news/litigatio…

After audio difficulties in virtual court, Bombay High Court to hold physical sitting tomorrow to hear plea to release Varavara Rao

#BhimaKoregaon #bombayhighcourt #varavararao

@IJaising @NIA_India

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