Thread by @barandbench

#BombayHighCourt will shortly begin hearing the plea of #BhimaKoregaon accused Dr. Varavara Rao for grant of bail on medical grounds along with his the plea seeking Court’s intervention against violation of his fundamental right to health.

@NIA_India

In the previous hearing Sr Advocates Indira Jaising and Anand Grover concluded their submissions.

@IJaising

Read submissions here: barandbench.com/news/litigatio…

Bench of Justices SS Shinde and Manish Pitale will commence hearing submissions of ASG Anil Singh for NIA today.

Hearing begins

Rao’s lawyers submit an additional affidavit on the prison facilities.

Court takes it on record.

ASG begins his submissions.

ASG points out to the prayers in the plea.

States that the plea was for medical check up and transfer to private hospital all of which has worked out.

ASG responds to Grover’s submission on Rao’s health condition.

ASG: he has admitted that Rao’s health has improved but has apprehension that if sent to Taloja his health might deteriorate.

ASG: After the court passed an order at relevant time to be sent to Nanavati and the court has recorded our cooperation.

ASG: A person’s health keeps changing, so we have to consider the latest report of Nanavati hospital.

ASG: The report is an expert’s report and there is no challenge to that yet.

ASG reads the medical report of Nanavati hospital.

ASG: It is not their case anymore rhat there is dementia.

Jaising objects to that.

Justice Shinde points out that the JJ hospital report which talks about dementia.

Shinde: Once dementia has happened, it cannot go, it continues.

Shinde asks ASG to read JJ’s report.

Jaising points out that St George hospital report mentions about dementia.

ASG reads from the report “delirium is a question and dementia is so and so.”

ASG: Is this a report which says he had dementia? Can this report conclusively say this? I don’t think this report can say conclusively that he had dementia.

Court: Where is the Taloja hospital report?

Jaising: that report mentions about brain atrophy.

Jusitce Pitale: Atrpohy loosely means shrinking right?

Jaising says yes.

ASG points out to the list of medications.

Justice Shinde: look at the list of medications. He is constantly on medical support. Mr Thakare (Chief PP) mentioned he can be transferred to hospital ward.
Continuous medical attention is required.

Justice Shinde: Look at the list of medications and each medication is given for a purpose.

Justice Pitale also points out to Taloja’s report which refers to ‘brain atrophy’.

ASG reads from the report.

ASG: It is right that the atrophy may lead to brain damage.

But everyone had faith in Nanavati and nobody has challenged their report.
Why should we doubt their report where they say there is no dementia and he does not need indoor management?

ASG reads out the Nanavati report.

Court states they have read the report.

ASG: the report gives medications and states he does not need indoor management and he is fit to be discharged.

ASG: There is no material advice and nothing placed on record to show otherwise.

And now with Thakare’s submission, St George’s and JJ Hospital where he will be taken care of, there should be any apprehension.

AsG: with Thakare’s submission this submission of apprehension goes away.

ASG: There was some discussion on testing him for dementia, with the Nanavati’s report it is clear.

As far as recurrence of COVID is concerned, even younger people are getting COVID, anything can happen.

ASG: As far as medications are concerned there was no submission that he was given dementia related medication.

He is taken care of even now. Whatever medications are prescribed will be given to him.

ASG: we have been co-operative from the beginning.

and it is also not the case that if medical bail is not granted now he cannot approach later.

ASG: if he is fit now, he can go to JJ, later if there is some issue he can approach the court.

Bail ought not be granted on the apprehension that something may go wrong.

ASG proceeds to refer to judgments.

Justice Shinde asks Grover to assist the court on the aspect of medical grounds other than dementia.

Justice Shinde: We have read the last portion of the Nanavati report.

Grover: I am not disputing the report. It is an expert report no doubt.

Grover: The clinical assessment shows that the cognitive skills of Rao are sound. But that does not mean that it is not there.

It is like COVID, I may mot be showing clinical symptoms, but I maybe covid positive.

Grover: This is a clinical opinion. They cannot rule out the dementia.

Justice Pitale: that is on apprehension, which now they say will be taken care of in JJ.

Grover: But keeping him in JJ is not the solution. Hospitals are hotbeds of microbes. He will get sicker than before. The option is either Taloja prison or home.

Justice Shinde refers to the affidavit submitted and there seemed to a new development because of which they will direct the Hospital to file a fresh medical report.

Justice Shinde records in the order that the report should be submitted by 11 am tomorrow with the court.

Court adjourns the matter to tomorrow as they want to wait for the report.

ASG points out that there are other matters fixed tomorrow.

Justice Shinde: Mr Singh, you are there in this matter. You are there in tomorrow’s matter. You are also there in a third matter today.

#courtroomexchange #BombayHighCourt

Grover: Mr Singh is there in every matter.

Justice Shinde: Mr. Singh is King!

Everyone laughs.

#BombayHighCourt
#courtroomexchange

Hearing ends.

Hearing will continue tomorrow at 2.30pm.