He should not be discharged from the hospital without informing the Court, the bench further directed, adding that the medical reports have to be submitted before the Court.
The Bombay High Court, taking note of the critical medical condition of the 81-year old undertrial Varavara Rao on Wednesday, directed that he be shifted to Nanavati Super Speciality Hospital from Taloja Jail, for 15 days for a thorough check-up, Live Law reported.
Comprising of Justices SS Shinde and Madhav Jamdar, the division bench said: “Ultimately the man is on almost death bed. He needs some treatment. Can the State say no no we will treat him in Taloja? We are only saying transfer him to Nanavati for two weeks. We will further see after two weeks.”
He should not be discharged from the hospital without informing the Court, the bench further directed, adding that the medical reports have to be submitted before the Court. Also, the family members of Rao should be allowed to meet him at the hospital, the court said. The court will next consider the matter on December 3.
Senior Advocate Indira Jaising (who appeared for the petitioner) had submitted that proper medical examination may not possible over video call 15 minutes and that detailed physical examination under the guidance of specialists was necessary. The court observed that it agrees with Jaising’s submission.
Deepak Thakare, the public prosecutor, informed the court after taking instructions from the government that the State of Maharashtra has no objection to shifting him to Nanavati hospital.
However, the prosecutor submitted that the case should be treated as a special case and not as a precedent.
Appearing for the National Investigation Agency(NIA), Additional Solicitor General Anil Singh objected to shifting to Nanavati Hospital and submitted that JJ Hospital(Government Hospital) has sufficient facilities.
Indira Jaisingh, describing Rao’s condition in prison, said: “He (Varavara Rao) is completely bed-ridden, in diapers, no medical attendant and has a catheter. The catheter was not changed for 3 months, as there was no one to change it. Who will take responsibility if he dies? He has had a heart attack in Nanavati Hospital. If anything happens to him, it will be nothing short of a “custodial death”.”
Facing charges under the UAPA, for alleged links with Maoists in the Bhima Koregaon case, Varavara Rao has been under custody since August 2018.