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Elgar Parishad case: Status of medical bail pleas of other accused

In June 2020, the special NIA court rejected interim bail pleas of poet Varavara Rao and former professor Shoma Sen, who sought bail citing their health conditions in light of Covid. Rao was subsequently granted temporary bail by HC for six months.

Written by Sadaf Modak |
Updated: July 6, 2021 10:40:29 am
In June 2020, the special NIA court rejected interim bail pleas of poet Varavara Rao and former professor Shoma Sen, who sought bail citing their health conditions in light of Covid. (File)

Sudha Bharadwaj (59)

Sudha Bharadwaj

In May, a vacation bench of the High Court hearing a medical bail filed by Maaysha Singh, the daughter of activist and lawyer Sudha Bharadwaj, said prisoners are entitled to access their own medical records and that prisoners should be allowed to make a phone call to a family member after a hospital visit. The court disposed of the medical bail plea after Singh’s lawyer submitted that Bharadwaj had received treatment.

Hany Babu (55)

Hany Babu

While hearing an interim medical bail plea by Jenny Rowenna, wife of the Delhi University associate professor, on May 19, the High Court had directed the Maharashtra prison department to transfer Babu to the Breach Candy hospital in South Mumbai for the treatment of his undiagnosed acute eye infection and other ailments.

Currently, Babu is undergoing treatment at the South Mumbai hospital.

Varavara Rao (82)

Varavara Rao

On February 22, the HC granted interim bail for six months to Rao saying not doing so would amount to the court “abdicating” its “constitutional duty” as the “protector of human rights” and a violation of the fundamental right to health. Rao was being treated at Nanavati hospital and was discharged in March after his condition improved. The HC has asked him to remain within Mumbai’s Special NIA court jurisdiction and be available for a probe.

Several Bail Pleas rejected by the special court

In June 2020, the special NIA court rejected interim bail pleas of poet Varavara Rao and former professor Shoma Sen, who sought bail citing their health conditions in light of Covid. Rao was subsequently granted temporary bail by HC for six months.

In September 2020, lawyer Surendra Gadling sought to be released on temporary bail to join his family to conduct the last rites of his mother. The court rejected the plea stating the gravity of the offence did not entitle him to temporary relief.

In October 2020, editor-poet Sudhir Dhawale filed a similar plea for an interim bail for a week after he lost his brother. It was rejected.

Bail applications filed by academic Anand Teltumbde and activist journalist Gautam Navlakha were also rejected in June 2020. The two were arrested on April 14 last year and had sought default bail citing the NIA had not filed a chargesheet within the stipulated time.

The bail application filed by Teltumbde on merits is currently being argued before the special court.

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