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Mar 1 22 tweets 7 min read
#BombayHighCourt will shortly commence hearing plea filed by #BhimaKoregaon accused #VaravaraRao seeking extension of interim bail and permission to stay in Hyderabad while on bail.

@NIA_India
Hearing begins.

Sr Adv Anand Grover points out the facts of the case.

Takes the Court through a list of dates - which includes arrest, the charges against him.

#BombayHighCourt
Grover: There was a writ petition for his medical treatment.
A temporary bail was granted with observations that there is no proper treatment in prisons, including lack of allopathy doctors.
Grover: He has been living in Mumbai since then. His family has all doctors. He is living here on his pension which he gets as he retired as a teacher. His medical treatment is free in States of Andhra And Telangana.

#BombayHighCourt
Grover: He filed an application in the disposed off petition for extension of bail, but then after Court directed, we filed a new petition for extension of bail, and we have also filed a fresh petition seeking permanent bail on medical grounds.

#BombayHighCourt
Grover is now showing the Court the list of dates of the matter.

Grover: He has been arraigned in other cases too before, but he has been acauitted in all those cases.

#BombayHighCourt
Grover: He was arrested in 2018 and then his health started deteriorating after some time.
He was taken to JJ and from there he was sent to Nanavati. The reports from Nanavati state that when outside of the hospital, he has to be closely monitored.

#BombayHighCourt
Grover: He has improved in respect of certain diseases. He has been treated for Hernia, Parkinsons - his health is going to deteriorate there..

Justice SB Shukre: Where is the Nanavati report?
Grover reads from the report.
Notices that the judges are not able to find the page.

Grover: I have gotten away from the habit of hard papers.

In #DelhiHighCourt due to unfortunate situation created, all judges have screens.

#BombayHighCourt
Grover: In fact one of the judges even got infection because of the dust papers. I do not envy milords, with so much to read…

Court: Maharashtra government has sanctioned some amount.

Grover: It becomes much easier to refer and read..
Grover: Delhi judges have bigger screens which are better than our computers. I wish Your Lordships get it sooner!

Continues with his submissions.
Grover: #StanSwamy a co-accused died in hospital. He was suffering from Parkinson. He wouldn’t have died had he not been put in prison.
We are saying you put someone in a position that there is no going back.
Grover: The attitude of the prosecution has to be that we will try our best to get the prisoner for trial. It should not be that whatever happens to him in prison is fine.
Grover: The prosecution should ensure that the accused is brought to trial stating “yes we have enough evidence against him, let him be brought to trial”!
Grover: the prosecution attitude must change.. their endeavour cannot be to keep someone in prison at the cost of his health.
Grover: There are two petitions pertaining to the evidence being relied upon by NIA by Shoma Sen and Roma Wilson.
That will be heard by milord.
Shukre: After making observations on the medical conditions in prison why was bail granted only for 6 months?

Adv Sandesh Patil for NIA Points out paragraphs in high court order.

Shukre: So they have taken a balanced view.
Justice Shukre: But then is there anything to provide for review after 6 months? Or has there been a challenge to the order? Because he is 82 years old, he may be drug resistant. In 6 months will the Taloja prison improve? He will be exposed to more diseases..

#BombayHighCourt
Justice Shukre: Has this order been challenged?

Grover: No, because the order is also in my favour. Supreme Court would say that you are lucky.

(Everyone laughs)

#BombayHighCourt
Court: With the kind of observations in the order - prima facie we don’t see any scope of review. And this order has attained finality.

Patil: Prosecution will show.

Court: Yes but we find it difficult to observe anything otherwise.

Patil: We will show..
Court (to Grover): Can you finish your arguments in half an hour tomorrow?

Grover: Not tomorrow, friday or next week?

Justice Shukre: Friday we have meetings. Listing on March 8.
Matter to continue on March 8, 2022. The interim protection from coercive action against Rao extended till March 8, 2022.

#BhimaKoregaon #BombayHighCourt

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