In Bhima Koregaon case, Dr P Varavara Rao,the wife of activist-poet and accused has moved the Supreme Court seeking his release on bail on medical grounds, claiming that Rao is being treated inhumanely by authorities (Pendyala Hemalatha vs State of Maharashtra & ors).
The plea filed by Advocate Sunil Fernandes drawn by Advocate R Sathyanarayanan and settled by Senior Advocate Indira Jaising states that the continuous custody of Rao “amounts to cruel and inhuman treatment, violating Article 21 of the Constitution of India and violative of his dignity in custody, which said right has been violated by the state of Maharashtra and NIA.”
Contentions in the Plea of bail in lieu of Bhima Koregaon case
In view of the activist having been recently infected with COVID-19, the plea adds in Bhima Koregaon case,
“It is further known that COVID-19 hampers all organs including neurological or / and every patient displays different symptoms. When the Petitioner’s husband was arrested on August 28, 2018, he had no neurological problems. It is therefore highly likely that COVID-19 and the fall that he had in St. George Hopital has led to neurological problems as reflected in the medical report filed by Nanavati Hospital”
The plea points out that the chance of commencement of trial in the immediate future is bleak and charges are yet to be framed. Thus, it is submitted that there is a case for grant of bail.
Hemlatha claims that she received a letter on August 31, 2020, from her husband where he appeared to be under the belief that Hemlatha was dead and that her body was at a morgue.
“Sadly the letter is written to his wife the Petitioner. This itself shows the mental status of the Petitioner’s husband,” reads the plea highlighting Bhima Koregaon case .
Dr Rao’s wife states that he “is in no position to stand trial in his present condition and needs critical medical care to keep him alive.“
The Plea urges the Court to direct either that Dr Rao be set at liberty or that he be granted temporary bail on medical grounds so that he can be with his family in Hyderabad.