Thread by @barandbench

#BombayHighCourt will begins 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 ASG Anil Singh commenced submissions on behalf of NIA.

The Court had also directed for a fresh report on the health status of Rao from Nanavati Hospital.

Chief PP Deepak Thakare submitted the fresh report as per the order.

ASG begins his submissions. Refers to the judgment of State of UP v. Gayatri Prajapati

Read : main.sci.gov.in/supremecourt/2…

Court: Mr SIngh he was in Nanavati from JJ Hospital and now his condition has improved.

He has to take those medicines. So Mr. Thakare’s submission that he will be taken to JJ ward.

We are not comparing, but he was taken from JJ to Nanavati.

Court: Now in hospital in Taloja jail catheter was not removed for 3 months. This is the fact.

ASG: When he was transferred from JJ to Nanavati, in the first round, he tested COVID+. One of the best hospital for COVID treatment then was Nanavati.

After he was treated in Nanavati, he was shifted back to JJ.

ASG: Ultimately is their contention that the State failed to provide the requisite care to him? He was taken to the hospital when there was emergency.

Court: If there is an emergency, when he is shifted to the hospital, then what happens? Answer us on that aspect.

ASG: If there is any negligence on the State’s part, then they can say this.

Thakare has submitted that he can be shifted to JJ. Can they not look after him? Give him medications.

ASG: JJ is the oldest hospital.

Court: Then why was he taken to Nanavati Hospital?

ASG: All hospitals were not COVID special hospitals. At that time we did not know how to take care of COVID.

ASG: He was shifted there because it was the best hospital then.

The object behind transferring him was that he should be given the best treatment.

If we would have not transferred they would have said why haven’t you transferred.

Court: It should be the concern of the state and the agency should be concerned of this, not the court. Court comes afterward

If there was no petition or appeal, there was no reason for the court to interfere.

ASG: We take care of the prisoners with or without petition.

Court: I don’t know if you were there that day. A prisoner was denied his spectacles sent from his family. they sent it back to his family. Now he cannot even see.

We are not saying it is ill-intentioned. But it is a mistake of the jail authorities.

Court: You read his report. That because of the day to day medicines. That is our concern.

ASG: There are many prisoners who are on medication. We provide them with the medications.

Court: When it comes to fundamental rights, it is not adversarial litigation, it is the duty of the state.

We have expressed out views orally. His family members are happy about the treatment. All of that happened smoothly.

Court: We are not saying anything adverse against the NIA or the State.

ASG: I am going to the extent of arguing that while granting bail the seriousness of the offences cannot be ignored.

Court: AS we understand, Mridula Sen case. The finding is, remaining in custody, Rao cannot be granted medical supervision, only then bail can be granted.

But we have seen incidents in the past. First Taloja, then JJ, then St. Georges, then Nanavati.

Court: The report also says that the undertrial is old and is under heavy medication according to you usual old ailments.

You are saying he should not be granted bail because you can look after him in jail.

Court: Can we go a step further and say, what is the quality of life of a 82 yr old in detention?

Is it worth to wait for another emergency to happen to take him to Nanavati only because we reject his bail because of your apprehension?

Court: Detention of a person of such an advanced age is not advisable under the medical conditions.

What if we impose conditions like he has to stay with his family within the jurisdiction of the Special Court?

Your apprehension can be taken care of with the conditions.

ASG: There was a PIL before your lords, the condition in the jail and treatment of prisoners above 60 was raised in the petition.

And the court only recorded after discussing the detail, came to the conclusion that these provisions are all in the jail.

ASG: We do consider the age of the person. A young fit person may also have problem.

Court: We are debating here because of the new jurisdiction before us, continuing detention maybe detrimental tot he health of the undertrial.

Court: Under Article 21, there is right to health of undertrial. They are seeking the special consideration of the court to be released on bail for medical conditions.

In the previous hearing, Thakare submitted that there are 200 witnesses, charges are yet to be framed.

Court: We cannot say even today how long will the trial take.

We will also ask the other side if they will take undue advantage of his dementia when he is sent back to Hyderabad.

Court: We have made distinction, regular bail and bail on medical grounds.

ASG: I wouldn't have contested this much had it not been a serious offence in a matter of national security.

Even on medical grounds, the seriousness of the offence is to be considered.

ASG: It is a question of national security. Tomorrow if something happens then we are responsible.

Court contends that he may just catch some virus when he is kept in JJ ward.

ASG: Milords may give all directions and obligations.

Court: We are in dialogue, do not jump to conclusion.

ASG: I am only discussing. I am obliged to the court that we are elaborating on this issue.

I am only saying that in Asaram’s case, the offences were serious and hence the Court ignored his age while refusing him bail.

ASG refers to judgments of Asaram Bapu v. State of Rajasthan, and People’s union of civil liberties.

ASG refers to an order of a co-accused where bail was sought in context of COVID.

The Court had denied bail holding that there were facilities to look after the accused.

ASG proceeds to make submissions from his reply to the bail application.

ASG: If he is released on bail or temporary bail or conditions are imposed on him. Instead of that those conditions may be imposed on the authorities to ensure he is provided proper medical care, medical facilities, regular testing.

ASG: In what manner and how he has to be kept in the prison ward can be considered.

Those conditions can definitely be imposed.

ASG reads from his reply to the bail application.

As the court has other matters fixed, the Court adjourns the matter to February 3, for further hearing.

Hearing ends.

Matter to continue on February 3.

What is the quality of life of a 82-year-old in detention? Bombay High Court asks during Varavara Rao bail hearing

#BombayHighCourt #VaravaraRao #BhimaKoregaon

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