SC grants permanent bail to Varavara Rao on medical grounds

NEW DELHI: The Supreme Court on Wednesday granted bail to revolutionary poet P Varavara Rao on medical grounds. The 84-year-old torchbearer of 'Virasam' (Revolutionary Writers Association) was charged under the Unlawful Activities Prevention Act for his alleged involvement and ties with the Maosts in the Bhima Koregaon case.

A bench comprising Justices UU Lalit, Aniruddha Bose and Sudhanshu Dhulia also deleted a condition set by the Bombay High Court ordering him to surrender after three months. Varavara Rao sought a permanent bail from the high court which was turned down.

The Supreme Court passed its order on a Special Leave Petition filed by Rao challenging the Bombay High Court's refusal to grant him bail on medical grounds. The apex court took various aspects into consideration before granting bail to the veteran. They include Varavara Rao's age, his medical conditions and the nearly two-and-a-half years of time he spent in custody.

While taking cognizance of a chargesheet that was filed in the case, the bench however noted that the charges had not been framed and the trial was yet to begin in the case. It deleted the condition imposed by the Bombay High Court that Varavara Rao should surrender after three months of being granted bail.

"The medical condition of the appellant has not improved to such an extent over a period of time that the facility of bail which was granted earlier be withdrawn. Considering the totality of circumstances, the appellant is entitled to bail on medical grounds", the Supreme Court bench said in its order.

However, Varavara Rao was asked not to leave the Greater Mumbai area without permission from the Special NIA Court in Mumbai. In other conditions, the bench directed him to not misuse his liberty in any way, not get in contact with the witnesses and not try to influence the course of investigation. Also, it clarified that the bail was granted purely on medical grounds and it should be construed as a reflection on the merits of the case.

Varavara Rao was arrested in the Bhima Koregaon case on August 28, 2018 and was shifted to Taloja jail in Mumbai in November 2018. He was rushed to a local hospital in 2020 when his health condition worsened. As a consequence of it, he was given a six-month bail on medical grounds by the High Court in February 2021. After a few extensions, the Bombay High Court refused to grant him a permanent bail on April 13 this year. It however allowed a temporary extension of the medical bail by three months and asked him to surrender in jail after this period.

While taking up his SLP, the Supreme Court extended his temporary bail duration until further orders before granting him a permanent bail on Wednesday.

Family files petition to shift Rao to Hyderabad

Even as the Supreme Court granting bail came a big relief, the family members of Varavara Rao have filed another petition in the apex court seeking its permission for him to move to Hyderabad.

Speaking to the media, Rao's brother-in-law and senior journalist Venu Gopal welcomed the bail granted by the Supreme Court. While expressing happiness at the bail granted with no time restrictions attached to it, he said that they had filed another petition seeking modification of a bail condition to enable Rao to move to Hyderabad. In the new petition, factors like cost of living in Mumbai, especially for a pensioner like Rao, and also the need for medical assistance for both Rao and his wife were cited.

The Supreme Court while granting bail, directed Rao to stay within the greater Mumbai area during his bail period.