On the legal side, Jaising submitted, “The reason for rejecting his bail was that he is accused under the UAPA, that he is a ‘terrorist.’ There is a
list of 25 matters wherein he is allegedly accused. Let me point out, barring 2, he is acquitted in all.”
Appearing for the NIA, Additional Solicitor General Anil Singh submitted, “He (Rao) was admitted to the hospital which is a super speciality hospital. Whenever the family wanted to see them, we let them meet them.”
Nanavati Hospital and JJ Hospital are giving treatment, he added.
The Court opined that, as sought by Jaising, a team from Nanavati hospital could assess Rao to evaluate his medical condition. The Bench said, “A medical assessment cannot be opposed by the State. Chief PP Deepak Thakare, what we propose is get team of doctors from Nanavati Hospital to assess his situation.”
Thakare responded that Rao’s latest medical reports are already before the Court, which the Bench noted indicated that Rao may be in a better condition.
While the Court proposed that a medical examination be conducted, ASG Singh asserted that it may be confined to an examination via video call, lest it set a wrong precedent for other prisoners.
“There are so many inmates and then this will mean that the government doctors are incompetent”, Singh argued.
“Mr. Singh you shifted him from JJ to Nanavati because JJ could not handle him”, Jaising countered.
“Thakare ask Nanavati hospital if they can make a visit. There is merit in Jaising’s submission. How much can he answer on a video call?” the Court remarked initially.
However, it thereafter opined, “Let Nanavati doctors decide what is best course of action.”
The Bench added, “We propose that let there be a video call immediately, let them assess the situation. It is not any officer of the hospital, he should be a person who knows the patient and who was present during the 30th July 2020 report.”
Whereas Jaising urged the Court to keep the matter for further consideration tomorrow, the Bench said, “The Court is sitting next on 17th. That is the best we can do.”
The matter has been listed for further hearing on November 17, when a vacation Bench of Justices SS Shinde and Madhav Jamdar will sit.
Source: https://www.nationalheraldindia.com/india/bombay-hc-orders-medical-exam-on-varavara-rao-for-health-status-to-take-up-bail-plea-on-november-17
