MUMBAI: State government on Wednesday told Bombay high court that it will immediately shift ailing Telugu poet P V Varavara Rao from Taloja prison hospital to Nanavati Hospital for further medical investigations and treatment.
A bench of Justices SS Shinde and Madhav Jamdar were informed by public prosecutor Deepak Thakare that he has taken instructions from the home minister that the state will bear the costs.
The court heard petition by Rao's wife Pendalaya Hemlata to release him on bail and also an interim plea to shift him to Nanavati hospital. Rao is an accused in the Elgar Parishad case and has been in prison since August 28, 2018.
Senior advocates Indira Jaising and Anand Grover argued that that Rao's (82) health has deteriorated and on the state's own admission the Taloja prison does not have trained medical personnel. "His co-accused Vernon Gonsalves is attending to him. He is not a medically trained personnel," said Jaising.
She also submitted that discharge reports of Nanavati, St George and JJ hospitals were never made available and only these reports would tell of follow-up action whether to be taken or not. "Right from May 2020 there is steady deterioration while in the custody of the state. If they can't look after him, release him. His family will look after him," Jaising added.
Jaising also pointed out that Rao, who was earlier diagnosed with Covid-19, is bedridden and suffers multiple diseases including kidney, liver, heart and has a urinary tract infection as his catheter has not been changed since three months. To the court's query at what stage the matter is before the special court, Grover replied that charges are to be framed and the process is likely to be delayed. "Its anybody guess he'll (Rao) be alive to stand trial," Singh added.
Additional solicitor general Anil Singh, for National Investigation Agency, opposed shifting Rao to Nanavati Hospital saying the State run JJ Hospital is equally efficient. Thakare also backed shifting Rao to JJ Hospital. He said while the state has no objection to Rao being shifted to a private hospital, it will not bear the costs.
The judges said the state must consider shifting him to Nanavati Hospital or they will have to pass order on merits. "The man is almost on his death bed and wants to receive treatment, can the state still say no no we'll treat him in in Taloja hospital? " asked Justice Shinde. The judges said the state will have to bear Rao's expenses at Nanavati Hospital as he is under state custody.
Thakare took instructions from the home minister and told the court, "As a special case, the minister has consented. The state government is ready to treat him (Rao) at Nanavati Hospital for two weeks."
The judges, in the order, noted that in view of this statement they do not feel it necessary to record reasons. Jaising insisted on two caveats - that the medical reports are submitted to the court and Rao will not be discharged without the court's leave.
The judges directed that Rao will not be discharged without informing the court and that his family will be allowed to visit him subject to following protocols.