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While recently rejecting the permanent bail request of 83-year-old Varavara Rao, a defendant in the Elgar Parishad case, the Bombay High Court said the Telugu poet’s clinical summary showed he did not need bail. ongoing medical care. Since such a medical summary was against Rao’s interests, it was natural for him to “find ways to evade the medical report” and challenge its findings, HC said.
A divisional bench consisting of judges SB Shukre and GA Sanap had dismissed Rao’s pleas on April 14 this year. However, the detailed copy of the judgment was made available on Friday.
Rao had filed three different applications – seeking permanent bail, alternating, seeking an extension of medical bond and permission to remain in Hyderabad while on medical bail.
A clinical summary dated December 15, 2021, based on Rao’s medical examination at Nanavati Hospital, said he was discharged. Rao’s lawyer, Anand Grover, argued that the report did not provide reasons for such a conclusion. Also, the report was silent on Rao’s previous clinical diagnosis of early Parkinson’s disease which was made at another private hospital in the city.
The NIA, opposing the plea, had argued that Rao had been treated at a private hospital of his choice and now that he was deemed fit to be discharged by doctors there, there was no longer any question of extending his bail. medical or to grant him a permanent medical guarantee.
The court noted that it could not ignore the fact that Rao faced “serious charges” under the strict Unlawful Activities Prevention Act, including the charge of conspiring to overthrow the government of the United States. ‘union. “The allegations against the defendant regarding his involvement in the commission of the crime remain unchanged,” HC said.
“It is common knowledge that the clinical opinion is against the accused. It does not suit the purpose of the accused. Therefore, it is natural for the accused to find ways and means to evade this report” , said HC. He further added: “The defendant therefore blamed the doctors and the officials of the NIA. In our opinion, this cannot be accepted.
The judges, however, took note of Rao’s claim regarding the lack of medical facilities at Taloja prison and the poor hygienic conditions there.
The HC has therefore ordered the Inspector General of Maharashtra Prisons to submit a “candid” report by April 30 on the state of these facilities, and the appointment of doctors and medical staff in all prisons across the country. state at Taloja prison to particular.
“IG prisons must ensure that henceforth inmates have no reason to complain about the inadequacy of health facilities in state prisons,” the court added.
The HC added: “In our view, if corrective measures are adopted, then the grievance made by the accused in this case, as well as the grievances in prisons across Maharashtra could be addressed… This is the duty of the Inspector General of Prisons to ensure compliance with the law and prison rules. The IG will be held responsible for non-compliance and breaches in the future.
The NIA Special Court has been tasked with expediting the trial in the Elgar-Parishad case and carrying out the day-to-day proceedings.
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Posted: Friday, April 22, 2022, 10:50 p.m. IST