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18 Nov, 115 tweets, 60 min read
[Live Thread]

#BombayHighCourt to hear today the bail plea moved for Dr Varavara Rao's release on medical grounds from #Talojajail where he is presently in custody following his arrest in connection with the #BhimaKoregaon case.

#varavararao
Court had posted the matter today in physical court after facing audio difficulties during the virtual hearing yesterday.

Sr Adv @IJaising submitted yesterday that the State's medical report submitted on Rao's health condition was an eyewash

Read more:

barandbench.com/news/litigatio…
Bench of Justices SS Shinde and Madhav Jamdar begin hearing the matter.

#BombayHighCourt
#varavararao
Indira Jaising for Rao: I want to argue my writ petition and also argue for bail application.

Court: You said you will argue only a limited prayer

Jaising: Yes I said I will argue only on interim.

#BombayHighCourt
#VaravaraRao
Court: Since we are in vacation, you limit your submissions on the interim prayers only.

Jaising: I also want to submit that my preliminary submissions will aid in the final relief too.

#BombayHighCourt
#VaravaraRao
Court: We are also hearing co-accused in this case, so you only argue for interim as stated in the November 12 order

#BombayHighCourt
#VaravaraRao

Read more on the November 12 order:

barandbench.com/news/litigatio…
Jaising: Interim prayers are clearly that the Petitioner's husband (Rao) be shifted to Nanavati hospital and to constitute a medical board for investigating Rao and submitting his reports to the petitioner.

#BombayHighCourt
#VaravaraRao
Jaising: I will begin from my written notes on arguments.

It has the list of dates. See the brief description.

#BombayHighCourt
#VaravaraRao
Jaising: On 15.05.2020, he was admitted to #TalojaJail hospital. The story starts here. His health deteriorated from here.

#BombayHighCourt
#VaravaraRao
Jaising: There they found his health was not good, so they moved him to the hospital.

According to their own admission, they do not have a medically trained professional to look after him.

#BombayHighCourt
#VaravaraRao
Jaising: See the deterioration from 15 May to 28 May. The family is not kept informed of his status.

They are not able to communicate with him. Lawyers are seeking a "mulaaqat", Either with lawyers or family, but the same is getting rejected citing pandemic reasons

#VaravaraRao
Jaising: Prison authorities on their own agreed that their hospital is incapable of looking after him.

#BombayHighCourt
#VaravaraRao
Jaising: Just make a note, that at this point, application for bail on medical grounds was pending before the NIA court.

#BombayHighCourt
#VaravaraRao
Justice Shinde: If I remember, as it was in appeal before the NIA court, it was not properly pursued - the application. The advocate did not argue properly.

Jaising: There was a second application filed.

#BombayHighCourt
#VaravaraRao
Jaising: There were fresh guidelines issued for prisoners over 65 yrs of age. Hence we filed a second application.

#BombayHighCourt
#VaravaraRao
Jaising: My submission is no court of law is bound by policy guidelines.

#BombayHighCourt
#VaravaraRao
Jaising: Let us see the reports. First is of Nanavati hospital, second is 12th November and finally 17th November report

#VaravaraRao
#BombayHighCourt
Jaising: The first report was of August 28, 2020.

Court: Question to PP. When her husband was admitted to Taloja after Nanavati it was after consulting Nanavati?

Thakre says yes.

#VaravaraRao
#BombayHighCourt
Jaising: As a matter of fact, this court was not told that he is being discharged from Nanavati. He was transferred suo motu.

And the discharge report is not made available.

#VaravaraRao
#BombayHighCourt
Jaising: We also do not have the discharge report of JJ. None of the discharge reports are available.

#VaravaraRao
#BombayHighCourt
Jaising: 1.6.2020, he was prematurely discharged and sent to Jail. When they discharged him, his bail application was pending.

He was only discharged to reject his bail application.

#VaravaraRao
#BombayHighCourt
Jaising: I want to tell you that from May there is steady deterioration.

When he was admitted to Nanavati again, he was found in a pool of his urine.

#VaravaraRao
#BombayHighCourt
Jaising: 6.7.2020, Rao was tested positive for COVID.

#VaravaraRao
#BombayHighCourt
Jaising: He was transferred to St Georges where he also had head injuries.

#VaravaraRao
#BombayHighCourt
Jaising: All our apprehensions came true and they transferred him to St. George's because it is a COVID hospital.

#VaravaraRao
#BombayHighCourt
Jaising: Thereafter, he was transferred to Nanavati where the first report comes out.

He has to have proper treatment, and I am alleging that the State was negligent.

#VaravaraRao
#BombayHighCourt
Jaising: The purpose of detention is to ensure no one flees justice.

He is bedridden inside the jail!

#VaravaraRao
#BombayHighCourt
Jaising: The medical report of August is not a discharge report.

He was sent back to Jail hospital suo motu. He is in the jail hospital till today. This hospital is not equipped to undertake tests. They do not have their own laboratory.

#VaravaraRao
#BombayHighCourt
Jaising: How can he be monitored by specialists in a hospital which does not have a laboratory! Leave aside experts!

#VaravaraRao
#BombayHighCourt
@IJaising on #VaravaraRao's health condition:

Jaising: He has been shifted from one hospital to another and then in jail hospital since May.

His catheter has not been changed, the jail has no facility for this. It is an expert job.

He is in diapers. The catheter is kept 24x7.
Jaising: No medical report is available after 30.07.2020

They start doing tests only after the Supreme court order. That was on October 29.

#VaravaraRao
#BombayHighCourt

Read more on SC order:

barandbench.com/news/supreme-c…
Jaising: The August report is annexed to the petition.

We do not have the JJ report and St George's report. Hence, we cannot submit it to the court.

#VaravaraRao
#BombayHighCourt
Court: Was this report pursuant to NHRC?

Thakre says yes.

Court: Thakre, see July order. There is a direction from the court for a report.

#VaravaraRao
#BombayHighCourt

Read more on the order:

barandbench.com/news/litigatio…
Jaising: After this date, he has not been clinically investigated.

#VaravaraRao
#BombayHighCourt
Jaising: Till today, you do not have neurological status. A video recording is not enough for this. And in that too, his neurological examination was not done.

#VaravaraRao
#BombayHighCourt
Jaising: No clinical examination was done. The Video meeting was for 15 mins. There was no neurologist. The Court permitted a clinical examination.

#VaravaraRao
#BombayHighCourt
Jaising: His respiratory system shows no sign, and his intake of food is compromised.

Combined with his age and COVID, he needs monitoring.

That cannot happen in #TalojaJail, there is nothing even for a sample analysis.

#VaravaraRao
#BombayHighCourt
Jaising: What do they do when this report is submitted They put him back in jail and do not even inform the court.

#VaravaraRao
#BombayHighCourt
PP Deepak Thakre (for Taloja Jail officials): Milords, you can record my statement that he is being monitored in the Hospital Ward of the jail since August till date.

#VaravaraRao
#BombayHighCourt
Jaising: My submission is he is ill since then.

Court: Does that ward have a neurosurgeon?

Thakre: No, Milord.

Court: Neurologist?

Thakre: No, Milord.

#VaravaraRao
#BombayHighCourt
Jaising: I have been COVID positive. I was fortunate to get good medical help from good doctors.

Post-COVID complications can lead to multiple organ failure. We are dealing with a person who is 82 years of age.

#VaravaraRao
#BombayHighCourt
Jaising: In this situation, the other side should not be taking an adversarial stand.

Thakre: Milords may note, I have always been co-operating.

Court: We are also not taking it as an adversarial litigation, it is regarding medical assistance.

#VaravaraRao
#BombayHighCourt
Court: We are not blaming the doctors or staff in the jail.
High Court judges like Menon and Dere visited the jail and they saw that there were excellent facilities.

#VaravaraRao
#BombayHighCourt
ASG Anil Singh (for @NIA_India): Hence, Milords, let me suggest that Rao can be treated in JJ hospital which is a Government hospital.

#VaravaraRao
#BombayHighCourt
Court: Let him be sent to Nanavati hospital for two weeks for all examinations. The petitioner is happy with the treatment. He was kept in Nanavati also.

#VaravaraRao
#BombayHighCourt
ASG: There are many prisoners above 75. There will be a difficulty as it will set a precedent

It is not their case that JJ hospital cannot treat such cases.
They are not saying doctors in JJ are incompetent. Nanavati was taking COVID patients, so we sent him there.

#VaravaraRao
Court: Singh, it was your statement that Nanavati was the best hospital. We are putting it to you so that we don't have to record reasons.

#VaravaraRao
#BombayHighCourt
Court: Ultimately there is a man on death bed, if he is 82 years and has serious diseases, they will come to court. Can the State say no then?

#VaravaraRao
#BombayHighCourt
ASJ: I am not saying #Taloja. But...

Court: Then we will have to pass an order.

#VaravaraRao
#BombayHighCourt
Court: She mentioned a stage which comes before Alzheimer's. He is 80 years old, he needs post-COVID care.

We are saying take instructions. We did not record any statement.

Whatever the hospital and COVID protocol allow, let him be examined for 2 weeks.

#VaravaraRao
Thakre points out to the Court a confidential document he received from the State.

Court: We are saying the government is doing a wonderful job. We are only saying transfer him to Nanavati for two weeks.

#VaravaraRao
#BombayHighCourt
Court: Let him be examined and after two weeks we will see.

#VaravaraRao
#BombayHighCourt
Court: Thakre, he is in jail. You are saying his own expenses.

Thakre: I am not objecting to anything. But if you see the document...

Court: No Thakre, the State has to pay.

#VaravaraRao
#BombayHighCourt
Court: He is your custody. Custody continues.

You pay for it.

#VaravaraRao
#BombayHighCourt
Court: In these 2 weeks whatever the Petitioner feels, and experts feel, all tests should be carried out.

#VaravaraRao
#BombayHighCourt
Court: Majority HC judges send for JJ or St. George's (hospitals).

But we do not want to make any statement on that. There is so much burden on these hospitals. There is load on the infrastructure. But we do not want to assign reasons, hence we want State to agree.

#VaravaraRao
Thakre: Milords, 2 weeks may not be added and Nanavati has not suggested physical examination.

Court: Within 15 mins, you have the entire medical examination - it is difficult. I agree with Jaising.

#VaravaraRao
#BombayHighCourt
Court (to Jaising): From the ailments which are listed, can you tell which are serious ones?

ASG: The previous order says: if required, physical examination can be done.

Jaising: and who takes responsibility if he dies in between?

#VaravaraRao
#BombayHighCourt
Jaising: With great respect, I agree with Your Lordships' order - that send him for 15 days and then after that, we can see what is to be done.

#VaravaraRao
#BombayHighCourt
Jaising: See the report, Milord: "Myocardial infarction." In layman terms, it is Heart Attack.

#VaravaraRao
#BombayHighCourt
Jaising: See today's report. A lab report was outsourced because they do not have the provision.

#VaravaraRao
#BombayHighCourt
Jaising: See the timing.

Sample collection time is 10 am from #TalojaJail. The reporting time is 10.30 am. They sent the sample to Panvel and brought the report to you, Milord.

This is physically impossible.

#VaravaraRao
#BombayHighCourt
Jaising: We are relying on yesterday's report now.

#VaravaraRao
#BombayHighCourt
Court: Mr Singh, what is the stage before the lower court?

ASG: Framing of charge.

#BhimaKoregaon
#VaravaraRao
#BombayHighCourt
Court: How many witnesses? Have you prepared a list?

ASG: More than 60, Milords.

#BhimaKoregaon
#VaravaraRao
#BombayHighCourt
Senior Advocate Anand Grover, appearing alongside @IJaising submits that there are 30 accused.

Jaising: It is not beneficial to you if he dies. What if he is acquitted? What is the price we pay?

#BhimaKoregaon
#VaravaraRao
#BombayHighCourt
Jaising: He has brain atrophy, his kidneys have failed.. what more do I need to show? We do not have clinical reports to show your Lords.

#VaravaraRao
#BombayHighCourt
Jaising: I do not have any trust in their report of 17.11.2020, but if we believe it is bonafide, look at the numbers.

The sodium is so low, it causes delirium.

#VaravaraRao
#BombayHighCourt
Court: Do you want bail or medical investigation?

Jaising: Bail will need substantial argument.

Court: We are not saying we will not hear. But since 18 September, till Supreme Court petition, the matter was not mentioned.

#VaravaraRao
#BombayHighCourt
Jaising: I am submitting to any order this court passes.

I am confining my prayers for medical investigation. My intention is to get him fit.

#VaravaraRao
#BombayHighCourt
Court: Even if you press for interim bail and you take him to Hyderabad, the conditions may not be favourable.

Jaising: The report will help him for interim bail too. I am only convincing you so that he is sent to Nanavati, where he will be tested and treated too.

#VaravaraRao
Court: Thakre, we take from your submissions that you are not averse to sending him to Nanavati

ASG: Milords, our only submission is JJ has facilities.

Court: Then we will assign reasons, Mr Singh.

#VaravaraRao
#BombayHighCourt
Court: If you are ready to say that you are sending him for two weeks and then get a report, we won't pass any reasons.

#VaravaraRao
#BombayHighCourt
Thakre: The previous order says that if Nanavati hospital requires, then they will physically examine him.

#VaravaraRao
#BombayHighCourt
Court: Thakre, your instructions are he can be shifted to a private hospital. You are only saying cost has to be paid by him - that we will see.

But why can't you shift him?

#VaravaraRao
#BombayHighCourt
Court: The State is not objecting to shifting him to a private hospital. Then what is the contention?

#VaravaraRao
#BombayHighCourt
Thakre: All medical facilities are available in JJ, he can be treated there.

#VaravaraRao
#BombayHighCourt
Court: Prima facie, we are only saying that the hospital was inadequate and hence shift him to Nanavati.

#VaravaraRao
#BombayHighCourt
Court: Whenever any problem arises, do you take them to railway hospital?

#VaravaraRao
#BombayHighCourt
ASG: Former CM was admitted to St George's and he was treated for 15 days and he got well.

Thakre: I myself go to JJ.

#VaravaraRao
#BombayHighCourt
Court: So then, it seems that we will have to hear her and you and then pass an order on merits.

#VaravaraRao
#BombayHighCourt
Court: Proceed Ms. Jaising

#VaravaraRao
#BombayHighCourt
Jaising: I can establish from the reports that his kidney has failed, his liver has failed, brain atrophy...

#VaravaraRao
#BombayHighCourt
Jaising reads out Rao's medical status from the medical report. Gives details from the report.

#VaravaraRao
#BombayHighCourt
Jaising reads the neurological observations in the prognosis to point out he was responding to the treatment he was being given in the hospital.

#VaravaraRao
#BombayHighCourt
Jaising: This is a man who cannot even stand.

But more on those lines when I argue for bail. Not now.

#VaravaraRao
#BombayHighCourt
Jaising: The report (of November 17) was obviously done in a hurry. This was done on 13 November, the hearing was on 12 November.

#VaravaraRao
#BombayHighCourt
Jaising: Also it was never our choice,Nanavati - it was their choice.

Court: But Mr Satyanarayanan also had agreed that Nanavati is the best hospital. It was agreed between parties.

The staff is overburdened with work. Hence, they may face difficulty to cope.

#VaravaraRao
Jaising: And Milords, I have not objected to Government Hospital even once.

But I have to point out that Rao was found in a pool of urine.

#VaravaraRao
#BombayHighCourt
Court: Contribution of Centre, State, doctors, nurses, Municipal Corporation, everyone is doing their bit to curb...

Jaising: Our physician, Dr. Shashank Joshi is on the advisory panel to the Govt. He was informing us what efforts they are taking.

#BombayHighCourt
Jaising: On the issue of money, the Supreme Court has held that you cannot cite money as a reason to not look after the Fundamental rights.

#VaravaraRao
#BombayHighCourt
Court: Yes, yes, we are aware.

Jaising: Of course I need not mention names also.

Court: Thakre has gone to get instructions because we have asked him to.

#VaravaraRao
#BombayHighCourt
Jaising: I will just show a judgment to support my submission that he is being detained in cruelty.

Death is inevitable. But everyone wants to exit in a dignified manner.

#VaravaraRao
#BombayHighCourt
Court: If you read a judgment of this court on the dignity of burying dead bodies, we record this.

#VaravaraRao
#BombayHighCourt
Jaising: In my appeal which is for bail. I submit that even under UAPA, an accused is entitled to bail

#VaravaraRao
#BombayHighCourt
Jaising adds: I am only submitting this for academic reasons. Detailed arguments will be submitted later during bail (hearing).

#VaravaraRao
#BombayHighCourt
Jaising: This is a Gauhati High Court judgment of 2010

#VaravaraRao
#BombayHighCourt
Jaising: I will now refer to a Supreme Court judgment from my compilation. It refers to a judgment of Rajasthan High Court.

#VaravaraRao
#BombayHighCourt
Jaising: Now Milords may see the report of November 12.

#VaravaraRao
#BombayHighCourt
Jaising: Kindly underline the words "brain atrophy". Therefore, a combined reading shows a combined organ failure is possible.

#VaravaraRao
#BombayHighCourt
Jaising: Let me also show that the sample they sent for examination is also contaminated.

#VaravaraRao
#BombayHighCourt
Jaising: In 17.11 report, urine report shows that the sample itself was contaminated.

Either the sample was not collected in a clean manner or there is an infection. The nature of a urinary tract infection is persistent because docs say it is immune to antibiotics.

#VaravaraRao
Thakre: I have spoken to the... as a special case, he may be admitted for 15 days.

Not as a precedent

#VaravaraRao
#BombayHighCourt
Jaising: Two caveats, reports must be submitted to this court. And his family be allowed to visit him in this period.

#VaravaraRao
#BombayHighCourt
#Breaking: Court records PP's statement that on instructions from the Home Minister, as a special case, Varavara Rao can be immediately shifted to Nanavati hospital for further investigation and treatment

#VaravaraRao
#BombayHighCourt
Court: We do not deem it necessary to record reasons.

Prayer was restricted for transferring to Nanavati hospital for investigation.

Family is allowed to visit the hospital subject to hospital protocols.

#VaravaraRao
#BombayHighCourt
Court adds: We are saying family members not restricting to the petitioner (Rao's wife).

#VaravaraRao
#BombayHighCourt
Court: We have to hear other appeals and applications in this matter too.

ASG: Milords may keep it on 9th.

Court: The report may be submitted to this court in a sealed cover.

Jaising: He cannot be discharged without informing the court.

#VaravaraRao
#BombayHighCourt
Jaising: Court sits in judgment of the doctor's decision

#VaravaraRao
#BombayHighCourt
Court: We will record that he cannot be moved without informing the court

#VaravaraRao
#BombayHighCourt
Court: We will have a meeting to decide whether we will sit physically or virtually after re-opening. We will ensure there is no inconvenience to any party.

#VaravaraRao
#BombayHighCourt
Court: And it goes without saying that the State will bear the expenses.

#VaravaraRao
#BombayHighCourt
#BombayHighCourt order today:

- #VaravaraRao to be shifted to Nanavati Hospital for tests and treatment immediately, as a special case;

- State will bear the expenses;

- Rao cannot be discharged without informing court;

- Family members allowed to visit, subject to protocols.
The hearing has ended.

#VaravaraRao
#BombayHighCourt
#VaravaraRao to be shifted to Nanavati Hospital for medical exams, treatment on State expense

Read the LIVE account of the physical hearing in #BombayHighCourt today:

barandbench.com/news/litigatio…

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