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This is an archive article published on March 31, 2020

Elgaar Parishad case: Court rejects bail pleas of Varavara Rao, Shoma Sen

In their bail applications, Rao (80) and Sen (61) had said they were vulnerable to the virus due to their age and underlying medical problems.

varavara rao, shoma sen, coronavirus outbreak, Mumbai, Mumbai news, elgaar parsishad case, coronavirus pandemic, covid 19, indian express Varavara Rao (centre) had sought a release from jail in view of the coronavirus outbreak. (File)

A special court Tuesday rejected the temporary bail pleas of writer-poet Varavara Rao and retired professor Shoma Sen, accused in the Elgaar Parishad case along with seven others, who sought to be released from jail in view of the coronavirus outbreak.

In their bail applications, Rao (80) and Sen (61) had said they were vulnerable to the virus due to their age and underlying medical problems. The National Investigation Agency (NIA), however, had opposed the plea stating that there was no change in circumstances from the previous applications filed by the two.

“On facts and merits of the matter, admittedly, no change in circumstances occurred, while earlier bail applications have been rejected,” the court said. It also referred to the minutes of the meeting of a high-powered committee, appointed by the state government, which had directed releasing prisoners. “The minutes… excludes to grant any kind of bail to the offenders under the Unlawful Activities (Prevention) Act, in the backdrop of the outbreak of COVID-19 infections,” the court said. I added that since the two were booked under the Act, they were not entitled to the interim relief. The state government had announced that it will release prisoners, including undertrials, facing up to seven years imprisonment, as well as convicts with criterion including not allowing those under specific Acts, like the UAPA.

The court also directed the jail superintendent “to provide a proper facility of telephonic communication to the undertrial prisoners as per rules and report”, while hearing a second plea, filed by the accused, seeking permission to speak with their family members and lawyers through telephone since prison visits have been suspended in the wake of the COVID-19 outbreak. Family members of the accused had earlier said that they have not been able to communicate with them since their last presence before the court on February 28.

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