Varavara Rao is trying to take undue benefit of the COVID-19 pandemic and his old age to seek bail, says NIA

The National Investigation Agency (NIA) told the Bombay High Court that no ground is being made out for the grant of interim bail to P Varavara Rao, arrested in connection with the Bhima Koregaon case and admitted in Nanavati Hospital for COVID-19 treatment.

NIA said that Rao, 81, is trying to take undue benefit of the current situation on the account of global pandemic and his old age by seeking bail. NIA has asked the Bombay High Court to dismiss the present bail application filed by Rao.

An accused in the Elgar Parishad-Maoists links case, he had approached the special NIA court, seeking bail on medical grounds and the prevailing COVID-19 situation.

Vikram Khalate, Superintendent of Police, Head Office Branch, NIA, Mumbai has filed a 170-page affidavit-in-reply in Rao's petition challenging rejection of bail by trial court, before the High Court on Monday.

The affidavit states, "The appellant accused Varavara Rao under the garb of the current situation on account of global pandemic Covid-19 and his old age, is trying to take an undue benefit in the aforesaid situation in seeking bail on the grounds mentioned in his application."

The central agency's affidavit read, “Rao and other accused in the case (Bhima Koregaon) have been charged with various serious offences under chapter IV and VI of the Unlawful Activities (Prevention) Act, 1967, which is a Special Act, as well as Indian Penal Code wherein the prescribed punishment is more than seven years and may extend to imprisonment for life.Therefore even though the guidelines issued by the Maharashtra High Powered committee permits an under-trial prisoner above 60 years of age merely to apply for an interim bail [and not to be granted bail mechanically]. As it is purely the discretion of the court adjudication the bail application as such the court ought to have exercised its discretion.”

“The bail application, if any, is to be decided on the facts and circumstances of each case and perusal of the incriminating material against the person. Considering the charges and totality of facts including the fact that adequate evidences have been placed on record to prove the complicity of the accused Rao.”

The affidavit mentioned, “It is very clear in the findings recorded that the prison authorities responded timely and provided necessary medical aid to him. He was admitted at JJ Hospital for the complaint of giddiness on May 28, 2020 and after medical treatment he was discharged on June 1, 2020 as he was found asymptomatic and haemodynamically stable.”

It added, “The report submitted by the Superintendent of JJ Hospital does not suggest that he is suffering from any such ailment which necessitates him to immediately obtain treatment in multispecialty hospital from specific doctor. ‘Thus it is clear that the pleading with regard to the medical condition of the petitioner (Mr Rao) is merely a ruse to obtain an order of interim relief which is not available to him otherwise on the merits of the case.’”

The NIA concluded, “Cogent evidence has come on record that Rao is a senior member of the banned Communist Party of India (Maoist) and is not only involved in planning and preparing violence but was in the process of creating large scale violence, destruction of property resulting into chaos in the society and thereby destablising the government established by law to fulfil the objectives of the Communist Party of India (Maoist) a ban organisation which is listed in the First Schedule of the UAPA.”

The Bombay High Court had asked the NIA and Maharashtra Government to submit the medical status report of Rao. Varavara Rao's lawyer Sudeep Pasbola had told the court that Rao is seriously ill and needs to be with someone of his family in better care. The court will hear the case again on July 22.

Rao is behind the bars for about 22 months. Rao along with nine other activists in the Elgar Parishad-Maoist links case, which was initially investigated by the Pune Police and later transferred to the NIA.