Bombay HC extends Varavara Rao's surrender date, asks how he can be sent to jail amid Covid-19 surge

The Bombay High Court on Friday extended till February 5 the date of surrender for poet Varavara Rao an accused in the Elgar Parishad Maoist links case who is currently on medical bail before Taloja prison authorities in MaharashtraA bench of Justices SS Shinde and NR Borkar dismissed the National Investigating Agencys NIA request for extending such date of surrender only by a week The bench said in view of the rising cases of coronavirus across the state it would not be wise to send the 83yearold poetactivist back to prisonRao who was lodged in the Taloja prison in Navi Mumbai as an undertrial was granted temporary medical bail for six months in February 2021 by another bench of the HC that was led by Justice Shinde He was admitted to the private Nanavati Hospital in Mumbai at the time for treatment of multiple ailments His date of surrender was scheduled for September 5 2021 but Rao filed a new application through advocate R Sathyanarayanan and senior counsel Anand Grover seeking an extension of medical bailThe date of Raos surrender has been extended since then by the HC on several accounts including further time sought by the NIA which is investigating the case for filing replies to the new application and getting the octogenarian medically examined again among others The NIA however has been opposing extension of Raos medical bail saying his treatment at Nanavati Hospital is now complete and as per doctors there he does not need continued medical care at the private hospital currently On Friday NIA counsel Sandesh Patil told the HC that Additional Solicitor General Anil Singh had not been briefed in the matter and sought a weeks time to complete the processHe urged the HC to grant the next date of hearing in a weeks time The bench however said there was no point posting the matter for hearing next week and extending Raos date of surrender only till then considering the coronavirus pandemic Mr Patil there is no point in keeping the plea for hearing next week Experts say third wave of coronavirus may last for 50 to 60 days This time the police health workers are testing positive very rapidly The situation wasnt as bad the last time So in such a situation is it proper to send him Rao back to jail the judges askedOf course we are aware of the seriousness of allegations against Rao and the point of law involved We will hear you all parties on the next date on merits the bench said Grover then told the HC that considering Raos health condition his old age and chronic ailments the Telegu poet had also filed a fresh application before the HC seeking permanent bail on health grounds We have also challenged some of the findings and medical report conclusions of Nanavati Hospital Grover told the HCHe referred to some reports including a conclusion submitted in the HC by Nanavati Hospital doctors last month stating that Raos vital parameters were stable and he did not need further medical care The NIA had cited this particular report to argue earlier that Rao be sent back to prison while the high court continued to hear on merits his applications for further medical bailOn Friday the bench of Justices Shinde and Borkar said it will consider all contentions raised including those in the new applications filed by Rao on February 4 the next date of hearing It accordingly extended the date of surrender for Rao till February 5 The bench also advised lawyers to stay safe and follow Covid19 safety protocols This is high time to take full care The spread is very rapid this time We are seriously concerned about all stakeholders in the judicial systemadvocates staff clerks their families Here in HC also some of our colleagues have tested positive the bench saidAlso Read Come up with conservation plan for sarus cranes HCBut fortunately in Maharashtra and Mumbai the central and the state governments the BMC local bodies are all doing a wonderful job We have to respect their work it said The case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave held at Shaniwarwada in Pune on December 31 2017 which the police claimed triggered violence the next day near the KoregaonBhima war memorial located on the citys outskirtsThe Pune police had claimed the conclave was backed by Maoists The probe in the case in which more than a dozen activists and academicians have been named accused was later transferred to the NIAThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever