#BombayHighCourt will continue hearing the plea filed by #bhimakoregaon accused Dr. Varavara Rao’s wife seeking court’s intervention in violation of his fundamental right to health by the State and jail authorities with the application for bail on medical grounds.

@NIA_India
Sr Adv Anand Grover had commenced his submissions before the Bench of Justices SS Shinde and Manish Pitale yesterday.
Hearing begins.
Grover: Record shows that his condition worsened in Taloja jail. Age is an important fact to consider his health.
Court: Mr Grover you do not have to read we have understood the gist.

You tell us the grounds now.
Grover refers to the report to point out that with delirium there is every possibility of dementia.
Grover: i am not disputing the report. He should be discharged but be should be sent home.
Not because he likes it at home@but because he has to stand trial.
Court: In the 24 cases he has been acquitted or is it still pending?

Grover: He has been acquitted but there are three new cases against him by NIA. Two in Gadchiroli and one in Bangalore.
Singh: Milords I do not object the arguments and submissions he makes from the pleadings in the petition.

But what he argued now is not in his pleadings.

Grover: I know it is not.
Court: when you are making submissions on facts pertaining to doctors in Taloja jail all of this is not in the petition.

Grover: I am making these arguments based on medical reports we have recently been given copies to. Some copies are not even given.
Singh: There was a PIL during lockdown which gave detailed guidelines on the jail administration.

Grover: Laboratory requirement and structural issues is a problem everyone is facing not just Varavara Rao.

I am y casting any aspersions on the jail administration.
Court: If you want the court to include these facts in our order then uou must state the same on oath.

Yesterday also you argued that facilities are not available. All of this if not in the petition atleast file an additional affidavit.
Court: or else we will consider the facts in the petition only.
Grover: I will file a one page affidavit today itself.

Justice Shinde: because your case rests on these facts, that he should not be sent to jail.

Justice Pitale: There are two sentences in the new reports of Nanavati.
1. That he is fit to be discharged.
2. That he is able and fit for self care.

So basically your contention is that looking at past experience you are apprehensive that the condition may repeat.
Court: so we have understood. You need not elaborate so much.
Grover invites the court’s attention to the phrase “as of today” to point out that the situation is temporary and it may change.
Grover: it took 6 months for clone copies to be issued to the accused, so charge framing will take more time than that.

Clone copies application argument has been taking time.

There are 100s of witnesses in this case.
Grover: The trial will go on for long. He is 82 now. How old will he be when the trial ends?

He needs to be fit for the trial. He needs to be in a congenial environment for his health.

And he is an undertrial, not even a convict.
Grover: combined reading of Section 437 CrPc r/w 43D of UAPA shows that anticipatory bail under Section 438 is ousted.

Court: do you have any judgments to show that under UAPA bail was granted on medical grounds?
Court: Because there are 2 judgements of this court which has rejected bail on medical grounds. So you have to get over those judgments.
Court: one TADA accused was released on parole wherein observation was that while considering such prayer what is to be kept in view is then grounds on which relief is sought and not that he is convict of TADA
Court: We are mentioning this because of the stringent provisions of this act.

Grover: Milords will have to consider that this judgment (tenders a judgment of Guwhati Court) is of a co ordinate judgment and the special conditions for medical bail have to be considered.
Grover is reading a judgment of Gauhati High Court.

Grover: now a days judgments are so long. It becomes difficult to read.
In South Africa there is a rule@no more than 50 pages.
Justice Pitale: I have heard Mr Nariman make a statement in Supreme Court that the length of the juddments in 50s and 60s was just 5-10 pages.

Now a days judges do not have time to write shorter judgements.
Justice Pitale: Judges now a days are so over worked.

Grover: I do not know how do milords have the patience to write such long judgments.

Justice Shinde: Mr Grover the length of the judgment also depends on the length of the arguments these days.

Everyone laughs.
Court: Whether he is able to take regular food?

Grover asks Rao’s nephew to answer who says he can eat whatever the hospital gives him.
Grover continues reading from the judgment.
Grover is reading Redaul Hussain Khan judgment. Read judgment here: ghconline.gov.in/Judgment/CrlA2…
Grover submits that Rao fulfills every ground mentioned in that judgment and hence he should also be released on medical grounds.
Court: Who is paying the expenses in Nanavati?

Grover: The state is and we are very grateful to Thakre (PP) and ASG for what they have done.

Court: They have paid and promptly so.

ASG: We will follow whatever comes from the Court.
Grover also suggests that bail can be granted for a trial period of 3 months and in the meantime he can report to any authority.
Grover reads out a European court judgment to point out that the prison conditions have to be compatible with the rights of the prisoners.
Grover concludes his submissions.
Sr Adv Indira Jaising begins her submissions. She states at the outset that she will not be relying on any medical grounds at all.
@IJaising : the very first thing about the appeal I want to make clear is that the powers I will seek to be invoked under this petition will be powers under Art 226.
@IJaising : I am submitting that there is violation of right to life and dignity.

I am contending that the powers to be exercised for bail and under the writ jurisdiction are different and I will show how.
@IJaising : Justice Mohit Shah had granted medical bail under 226 .

Court: The constitutional bench has held in 2010 that rights under 226 and 32 cannot be taken away.

@IJaising : yes that is the thinking behind these judgments.
@IJaising refers to D Bhuvan Mohan judgment. Read judgment here: indiankanoon.org/doc/353351/
@IJaising reiterates that right to life and dignity is fundamental right under Art 21.

Court: but this is the general submissions.

Considering his age and health you can argue specifically.
The court will continue the hearing tomorrow @ 2.30.

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