Varvara Rao’s Wife Moves Supreme Court Seeking Immediate Release of Her Activist Husband, Says He is Being Treated Inhumanly
(Judicial Quest News Network)
Pendalaya Hemalatha wife of Poet-Activist Dr.Varvara Rao has moved Supreme Court filing a writ petition for the immediate release of her husband on medical grounds.
It is contended that his continued custody amounts to cruel and inhuman treatment, violating Article 21 of the Constitution of India and violative of his dignity in custody,
The petition is on behalf of Senior Advocate Sunil Fernandes drawn by Advocate R. Sathyanarayanan and settled by Senior Advocate Indira Jaisngh States that the continuous custody of Rao “Amounts to Cruel and Inhuman Treatment, violating Article 2 of the Cnostitution of India and violative of high dignity in custody, which said right has been violated by the State of Maharashtra and NIA.
The petitioner further contends that
The health condition of the Petitioner’s husband is very feeble and he suffers from various comorbidities. It is submitted that it is well known that COVID-19 patients do not have similar symptoms. It is further known that COVID-19 hampers all organs including neurological or / and every patient displays different symptoms’
The medical report of the activist also suggests that 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 dated 30.07.2020. The Hon’ble High Court by its Order, dated 17.08.2020,
It is further averred that Dr.Rao is 81 years old and the question that would arise is whether the jail would have necessary facilities to take care of him.
Even otherwise, the mandate prescribed under Section 21(2) of the National Investigation Agency Act, 2008 stipulates that the appeal should be disposed within 3 months from the date of admission of the Appeal.
This is also submitted that The Petitioner received a letter dated 31.08.2020 from her husband where he claims that the Petitioner (his wife) is dead and her body is at the morgue. Sadly, the letter is written to his wife the Petitioner. This itself shows the mental status of the Petitioner’s husband. None of these facts could be brought before the Hon’ble Bombay High Court as the matter was not being listed at all.
He (Mr. Rao) is accused in C.R. No. 4 of 2018 of Vishrambaug Police Station, Pune for offences alleged u/s. 121, 121-A, 124-A, 153-A, 505 (1) (b), 117, 120-B r/w 34 of the Indian Penal Code and Sections 13, 16, 17, 18, 18-B, 20, 38, 39, 40 of the Unlawful Activities (Prevention) Act, 1967, presently in the custody as under trial in Taloja Central Jail, Maharashtra.
It is contended that since the chances of commencement of trial in immediate future this case are bleak and charges are yet to be framed and there is no bar to grant bail on health grounds under the Unlawful Activities Prevention Act (UAPA) or the National Investigating Act (NIA Act), his release on temporary bail can be granted.
Dr. Rao’s wife says that the denial of a hearing in a timely manner is a denial of access to justice which is itself a guaranteed fundamental right.
The plea points out that the treatment meted out to Dr. Varvara impares the Right to Health recognized under Article 12 of International Covenant on Economic, Social and Cultural Rights (ICESCR) which are read with Article 21 of the Constitution of India. The rights enshrined under ICCPR and ICESCR have to be read with Article 21 and other rights under Chapter III of the Constitution of India.
Dr Varvara Rao is in no position to stand trial in his present condition and needs critical medical care to keep him alive and hence no useful purpose is being served by his continued incarceration except to torture him beyond human endurance.
Earlier in June, A Special Investigating Agency (NIA) Court had rejected the interim bail plea filed by Varavara Rao and Activist Dr. Shoma Sen both of whom have been booked for their alleged role in the Elgar Parishad case/Bhim Koregaon case.
Another bail was moved in Bombay High Court, The NIA while opposing the bailplea, had claimed that none of ht egrounds cited “Cecessitate him to immediately obtain treatment in [a] multi-speciality hospital.
