MUMBAI: A vacation bench Bombay high court on Tuesday posted a petition by wife of jailed Telugu poet P Varavara Rao seeking his transfer to Nanavati hospital for urgent physical hearing; after technical glitches interrupted a hearing via video-conferencing. The Hospital which conducted a video consultation with Rao who is lodged in Taloja jail, said the hospital in its one-page report said, Rao was “fully conscious, alert, oriented’’.
The bench of Justices SS Shinde and Madhav Jamdar orally observed that the matter was "serious" and urgent and called for details of tests done, if any, by then.
Last Thursday another vacation bench of the HC had directed the state and National Investigation Agency (NIA) to ensure that a team of doctors from Nanavati super speciality hospital to “forthwith’’ undertake a video consultation with 81-year-old incarcerated Telugu poet P Varavara Rao lodged in Taloja prison as an accused in the 2018 Elgar Parishad case.
Following the order passed by the vacation bench of Justices AK Menon and SP Tavade, a video-tele consultation by Nanavati hospital doctors was carried out on November 13, last Friday.
The hospital suggested an ultrasound and certain other consultation and change in a catheter. The report said, "there is no history of fever, cough, breathlessness."
The bench is hearing a fresh petition filed by Rao’s wife, P Hemlatha, through advocate R Sathyanarayan to seek his transfer from jail to Nanavati hospital due to his "deteriorating health".
At the hearing on Tuesday, senior counsel Indira Jaising, appearing for Hematha said there was urgency to hear the petition as there can be no delay in this matter for Rao. She said "there has been no compliance of the November 12 order as the report forwarded is incomplete, without any test results annexed." She said it has to be "read in conjunction" with the earlier report of the hospital the time of his release in August.
She said the video consult "lasted barely 15 minutes" and "though we have been saying that he has dementia, there was no neurologist who examined him."
When the bench said it could not hear her clearly, Jaising who for several minutes in her office in Mumbai, tinkered with the computer and audio settings, said, "I do not want the technology to come in the way." and offered to come for a physical hearing if need be. The HC said she can give her say in writing on the report too before the hearing on Wednesday.
"My main prayer is he has to be shifted out to Nanavati for physical examination by a panel of doctors," said Jaising adding, "the delay is not suiting him." She also said, "In the very nature of things these tests (he has been adviced) cannot be done at jail hospital."
She said the state by submitting just one page report engaged in "delaying tactics," adding, "this report is just an eyewash. There has not been complete medical report given."
Public prosecutor Deepak Thakre said the Nanavti report was sent to Jaising. He and additional solicitor general Anil Singh, appearing for National Investigation Agency (NIA) agreed to the physical hearing.
Earlier last week Singh had said "best treatment" would be given to Rao while in Judicial custody at Taloja prison.
The NIA in its affidavit said Rao was accused under grave charges of Unlawful Activities (prevention) Act and for alleged Maoist links. It said the petition is on health grounds but "there shall be no relief when the offence is against the state and public interest." NIA said he is arrested for "grave offence” and grounds raised in petition are "not cogent" and liable to be dismissed.
Hemlatha's petition also seeks order for his release to be under his family's care in Hyderabad.
His family apprehends that Rao may lose his life in prison if he continues to remain there.
There was no medical report since July 30 and he had been shifted back to prison, from Nanavati on August 28. Jaising earlier submitted that detention conditions cannot be inhuman or cruel and degrading and every inmate has rights under Article 21 (right to life and liberty). "If he dies in jail it would be a case of custodial death," she said.
Hemlatha’s petition has has sought a declaration that theRespondents have violated her husband Varavara Rao's Fundamental Rightsto Health, Dignity and Life and thereby his rights under Article 21 of theConstitution of India, read with the rights under Articles 7 and 10 under theInternational Covenant on Civil and Political Rights and Article 12 the International Covenant on Economic, Social and Cultural rights recognized andincorporated as Human Rights in the Protection of Human Rights Act, 1993.