The Bombay High Court on Wednesday called for fresh medical reports from the private hospital in which 82-year-old Varavara Rao , accused in Bhima Koregaon case, is admitted, by Thursday morning.
A Division Bench of Justices S.S. Shinde and Manish Pitale are hearing three petitions. The first has been filed by Mr. Rao’s wife P. Hemlatha, seeking a declaration that his fundamental rights under Article 21 (Protection of Life and Personal Liberty) of the Indian Constitution were violated by prison officials as medical assistance was not provided. The second petition seeks bail for Mr. Rao on medical grounds. The third petition is an appeal against the rejection of his bail by the Sessions Court.
Additional Solicitor General Anil Singh, appearing for the National Investigation Agency probing the case, relied on the first and last report submitted by the private hospital, and said, “Mr. Rao has been doing well clinically, his vitals are stable as on January 9.” He added that this report did not say there was dementia.
Justice Shinde however said J.J. Hospital had mentioned dementia and “once it’s there, maybe it continues in lesser form”. Mr. Singh stated the Nanavati Hospital report said Mr. Rao was not currently suffering from dementia but further tests were needed to rule it out completely.
Senior advocate Indira Jaising, representing Mr. Rao. interrupted and said the St. George Hospital report also mentioned dementia.
After reading the J.J. Hospital report, Mr. Singh asked whether this could be conclusive proof that Mr. Rao had dementia.
Justice Pitale said the Taloja Prison hospital report also mentioned that Mr. Rao had a condition related to the reduction of brain cells.
Mr. Singh then said the St. George Hospital officials might have discussed the possibility of dementia. He also said, “The Nanavati Hospital’s report says Mr. Rao is not suffering from dementia. We have to believe the report. It is not their [the hospital’s] case that he [Mr. Rao] is given medicines or should be given medicines for dementia.”
The court directed a fresh report from Nanavati Hospital on Mr. Rao’s condition at 11 a.m. on January 28, and adjourned the hearing for the afternoon.
