Mumbai: The Bombay high court on Monday asked the NIA and the Maharashtra government to inform it about the health condition of poet Varavara Rao, an accused in the Elgar Parishad-Maoists links case, and if his family could be allowed to see him “from a reasonable distance”.
The directions came after Rao’s lawyer told the court that the activist was almost on his deathbed. Rao, 81, is currently admitted in the Nanavati Hospital in Mumbai. He tested positive for coronavirus earlier this month and is also suffering from several other ailments.
A division bench of Justices S.S. Shinde and S.P. Tavade asked the National Investigation Agency (NIA) and the state to inform the court about Rao’s health condition and clarify by July 22 whether his family members could be permitted to see him.
Rao’s lawyer Sudeep Pasbola told the court that the activist was “almost on his deathbed” and that if he were to die, it should be in the presence of his family. “His condition is very serious. He hit his head against the hospital bed while he was at the JJ hospital and sustained severe injuries. Besides Covid-19, he suffers from several ailments, he is hallucinating and is delirious,” Pasbola said.
“His days are numbered and if he is to die, at least let him die in the presence of his family members,” the lawyer said while seeking that Rao be granted bail. Pasbola said Rao was in no condition to cause any prejudice to the probe in the case and even the NIA could not dispute this fact.
The bench, however, asked if Rao was in such a critical condition, wouldn’t it be counterproductive to move him out of the hospital, and take him to any other place? “Also, if he has Covid-19, then how can he meet his family?” the court asked. To this, Pasbola said if permitted, Rao’s family could take precautions, and see him from a distance.
The state’s counsel, Deepak Thakare, told the high court that it could arrange for video-conferencing facilities for Rao’s family. Additional Solicitor General Anil Singh, who appeared for the NIA, said as far as he knew, “Covid-19 patients could not be permitted to meet anyone”.
He also said Rao had been admitted to “one of the best multi-speciality hospitals in the city,” and that he was being taken care of in accordance with guidelines of the Indian Council of Medical Research (ICMR).
Rao earlier filed two pleas in HC through his lawyer. One was to direct the state to produce all his medical reports from the state-run JJ Hospital, where he was admitted in May but discharged hurriedly on June 2 and sent back to Taloja jail in neighbouring Navi Mumbai.
The other plea sought bail on health grounds.
The same bench also heard a petition filed by Rao’s co-accused in the case, activists Vernon Gonsalves and Anand Teltumbde, seeking that they be tested for Covid-19 as they had been in close contact with Rao in the jail. The court directed the prison authorities and the NIA to respond to the plea by July 23.
