Why Shouldn't Varavara Rao be Granted Permanent Bail on Health Grounds, HC asks NIA

Mumbai: The Bombay High Court on Tuesday asked the National Investigation Agency (NIA) why shouldn't permanent medical bail be granted to poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist Links case, who suffers from several health ailments.

A bench led by Justice SB Shukre asked the question after Rao's counsel Anand Grover listed out, from Rao's medical reports, several health conditions he suffers from, including signs of "early Parkinson's disease."

The bench extended till March 21 the time granted to Rao, who is currently on temporary medical bail, to surrender before Taloja prison authorities.

The bench of Justice Shukre also said another HC bench, in its previous order passed in February, 2021, had granted temporary medical bail to Rao for six months owing to his ill-health.

At the time the bench had observed that the conditions at Taloja prison, where Rao was lodged as an undertrial, were incompatible with his health condition, Justice Shukre noted.

He also said that, in its February, 2021 order, the HC had held that sending Rao back to prison would result in further deterioration of his health.

"What is on our mind are the findings of the court while granting him temporary medical bail. Those findings have attained finality, and we don't understand why he (Rao) can't be granted permanent bail when there is a finding that placing the undertrial in custody is incompatible with his health condition and would risk deterioration of his health to a point of no return," HC said, adding that "this is a categorical finding".

National Investigation Agency counsel Sandesh Patil, however, objected to such relief, arguing that the 2021 order was passed when the COVID-19 pandemic was raging.

"These findings were also based on the COVID situation. Why didn't the court then and there grant permanent bail? If Taloja (jail) is a black sheep, let him go to any other jail," Patil said.

"We didn't challenge the 2021 decision before the Supreme Court at the time because we had to take a lenient view considering he is 82 years old and because of COVID. I myself had COVID, and several of us have lost near and dear ones," Patil said.

The HC, however, asked the NIA why the agency thought now was the "right time to change its attitude". "His age has further advanced. There are no facilities in Taloja and his condition has been found to be incompatible with the conditions at Taloja," the HC said.

Patil argued that Rao had approached HC with "unclean hands," and that he had filed "frivolous" pleas to stay out of prison.

Rao's lawyer,  senior counsel Anand Grover, told HC Rao's health was still poor.

He further told HC the poet-activist was a retired professor with a monthly pension of Rs 50,000, and he was currently staying in 'Retreat House', a charitable residence run by Christain missionaries in Bandra.

"It is used only for conferences and he got it after much labour. But he has to vacate it on March 15. It is very difficult to find and afford a house in Mumbai, especially for someone charged under UAPA," Grover said.

He urged HC to grant Rao permanent medical bail and to permit him to stay in his hometown Hyderabad while on bail.

"Rao had 25 cases against him and he never ran away. Is he going to run away now in the last stages of his life? Of those 25 cases, he was acquitted in 24 cases. Yet, he holds no grudges against anyone. He has all reasons and intention to stand for trial," Grover said.

The High Court granted two weeks to the NIA to file its reply affidavit to Rao's plea seeking permanent bail.

It will hear the final arguments on the plea on March 21.