If Varavara Rao is to die, it should be in presence of his family, argues lawyer

The Hyderabad based poet and social activist Varavara Rao’s lawyer told the Bombay High Court on Monday that his client is “almost on his deathbed.”
Telugu  poet, writer and activist Varavara Rao (File photo | EPS)
Telugu poet, writer and activist Varavara Rao (File photo | EPS)

MUMBAI: The Hyderabad based poet and social activist Varavara Rao’s lawyer told the Bombay High Court on Monday that his client is “almost on his deathbed.”

Rao is an accused in the Elgar Parished case and has been in prison since 2018. He had tested COVID-19 positive last week after he had been admitted to JJ Hospital in Mumbai. His medical papers  state that he had hit the bed and suffered a head injury during his brief stay at JJ Hospital last week. He required a couple of stitches.

“His condition is very serious,” Rao’s lawyer Sandeep Pasbola told the court. “He suffers from several ailments, he is hallucinating and is delirious,” Pasbola said, If Rao was to die, it should be in the presence of his family, the lawyer added.

Rao, who had tested positive for Coronavirus, was moved to Nanavati Hospital early on Sunday from state-run St George Hospital. At St George, he was suspected to be suffering from dementia. Before his admission to St George, Rao had been brought to JJ from Taloja jail.

Dr Ranjit Mankeshwar, in-charge dean of JJ, said Rao did not fall from the bed, as was alleged. "He went to reach out for a glass of water when his head hit the corner of the bed and sustained an injury. He was immediately attended to. There is nothing to hide here, we have clearly mentioned this in the transfer notes and the discharge summary," he said.

The Bombay High Court sought the responses of the National Investigation Agency (NIA) and Maharashtra government on whether the family members of poet-activist can visit him from a reasonable distance in view of the 81-year-old’s critical condition.

A division bench of Justices SS Shinde and SP Tavade was hearing his writ petition that stated jail authorities did not conduct medical check-ups as suggested by the JJ hospital, and sought action against the errant officials. The bench also heard Rao’s appeal against special court rejecting his interim bail.

The Court said that it would not pass orders on merits of the bail plea at this stage and sought responses from authorities. The court will hear the plea next on Thursday, July 23.

Advocate Sudeep Pasbola referred to news reports and said that Rao’s condition was extremely critical. Pasbola said that Rao’s wife had filed an affidavit last week requesting permission to see him. If granted bail, his family members can take his care, Pasbola said.

However, Additional Solicitor General Anil Singh for NIA said that Rao was shifted to Nanavati Hospital, which has the best possible treatment facilities in Mumbai, and proper care was being taken as per Indian Council of Medical Research (ICMR) guidelines.

A bench led by Justice Shinde said that while the court did not doubt bonafide of NIA’s arguments, it directed the authorities to apprise it on the medical report of Rao “keeping in view Rao’s existing conditions”.

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