Legally Speaking

Bhima Koregaon: Bombay HC Directs NIA To Verify The Fact Of Varavara Rao’s Plea To Go To Hyderabad

The Bombay High Court recently directed the National Investigation Agency (NIA) to verify the fact of Bhima Koregaon Violence accused Dr. P Varavara Rao’s request to travel to Hyderabad for free cataract treatment.

A single-judge Justice Amit Borkar opined that this was the crux of Rao’s argument, and that if his claim was factually incorrect, the complexion of the case would change.

In his application, Rao seeks permission to travel from Mumbai to Hyderabad for three months for cataract surgery.

Appearing for Rao, Advocates R Satyanarayanan and Neeraj Yadav informed the bench that the provisions of the Telangana government are annexed in the petition.

“The petition has the rules annexed. It states that a pensioner in the State was entitled to free treatment for upto an amount of ₹2 lakhs,” Advocate Satyanarayanan stated.

However, the single bench insisted that the NIA verify this fact and notify the court on the next date, which is on June 5, 2023.

The petitioner counsel asked for an earlier hearing, but the Court ruled that there was no need because Rao was not in jail and was out on bail.

The Case

Varavara Rao was arrested in 2018 and held in judicial custody until March 2021, when the Bombay High Court granted him temporary bail for six months on medical grounds.

In August 2022, the Supreme Court granted him bail on medical grounds.

One of the terms of the order stated that Rao could not leave the jurisdiction of the special NIA court in Mumbai without the permission of the court.

Rao claimed that the trial had not yet begun and that his vision was deteriorating due to cataract ripening.

He claimed that surgery and post-operative care in Mumbai were expensive, whereas it was free for pension holders in Telangana.

Advocate Sandesh Patil, appearing for the NIA objected to the petition, claiming that the surgery was minor and Rao was a dangerous criminal.

He is outside on bail. Cataract surgery requires an hour’s time. He can get it done in Mumbai. We are saying he is a dangerous criminal, there are serious charges against him,” the Advocate stated.

 

Nunnem Gangte

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