A ray of hope, on the death bed

BY: AREEB UDDIN

A poet is not known by his face, but through his pen and those powerful words which would echo around, when the person is no more. Varavara Rao, who was arrested two years back for his involvement in the conspiracy (allegedly) related to the Bhima Koregaon violence. Today, his condition is turning very critical, because of his age, medical complexity and the slow paced trial before the court. In such cases, a bail is sought on medical grounds, and mostly such complex situation is taken into consideration by the courts of law. But recently, the trend is changing, bail, not jail is turning into a discretionary rule, not a statutory right.

Senior Advocate, Indira Jasing has been representing the Poet, Varavara Rao before the Bombay High Court, and she has been pressing for a physical examination of the accused. But the State was of the view that 'video' conferencing can resolve a medical complexity and the doctors can 'examine' the poet online. Keeping the arguments alive, the court on 12th November refused to transfer Varavara Rao to the Nanavati Hospital and order an online 'assessment'. It was observed by the Bombay High Court that - "We propose that let there be a video call immediately, let them assess the situation. It is not any officer of the hospital, he should be a person who knows the patient and who was present during the 30th July 2020 report."

During the course of hearing many arguments were made by Indira Jasing, which clearly reflected the condition of the 81 years old man literally on a death bed. One of them was when ASG Singh contended that there are enough doctors within the premises and there no need to shift Varavara: "There are so many inmates and then this will mean that the government doctors are incompetent" to which Indira Jaising submitted:

"After he was tested positive of COVID-19, he was shifted to Nanavati hospital after neither JJ, St George could handle his condition. Thereafter he was abruptly taken to Taloja Jail where he is till date. He is bedridden. Do you think a man bedridden can flee?"

The video 'examination' was not a success, because no outcome was served, and no such report was submitted before the court on time. Due to some technical glitches the court was not able to hear Indira Jasing's submission and gave a thought to delay the hearing, to which Indira Jaising hesitated and informed the court that she is willing to appear in physical court despite of the pandemic. When the matter came up on 18th November, the bench of J. Shinde and J. M. Jamdar assembled to determine the current status of Varavara Rao and the concerned report.

A small background note was submitted on the health condition on Varavara Rao:

- He was admitted to the Nanavati Hospital

- 15th May, 2020: He was admitted to the Taloja Jail hospital.

- 16th to 28th May: His health started to deteriorate but the family members were not allowed to meet Varavara and they were not even informed well about his condition.

But the most problematic part was his transfer to the Taloja Jail Hospital, without informing the court, it was informed by the State that the transfer was based on the recommendation of the Nanavati Hospital, but to the contrary no such report was submitted before the court. Lately, when he was tested positive for COVID-19, he was initially admitted to a local hospital but later he was taken to the Nanavati Hospital. The jail where Varavara has been kept was continuously in question, because it was allegedly contended by Jaising that the premises were not enough to examine or operate a person who's having such medical complexities, to which the Court inquired with the State counsel: "Does that ward have a neurosurgeon or a Neurologist? to which the Counsel declined, that there is no such facility. Hence, the contention made by Indira Jaising stands true.

Analyzing the situation, coupled with the health complications today the Bombay High Court ordered that Varavara should be transferred to the Nanavati hospital, keeping in mind his degrading health condition, which is nearly a man on a 'death bed'. The order came after the State counsel confirmed with the government that they have no problem in transferring the person to the hospital, but the case should not be taken or reported as precedent.

Not only, the courts but the advocates who have been fighting against the wave of injustice should be appreciated equally. Especially in this case, Sr. Advocate Indira Jaising, who's in her 80's has been representing his 83 - years old client. Ironically, there are cases where people are out on bail, that too through video conferencing, and then there are cases, where one has to appear before a physical court to prove that a person who's literally on his 'death' bed wont' fly away and tamper with the investigation. The court rightly observed today: "Ultimately the man is on almost death bed. He needs some treatment. Can the State say no no we will treat him in Taloja? We are only saying transfer him to Nanavati for two weeks. We will further see after two weeks."

No one knows, what will happen next, his health complications are getting worse and there's no guarantee that he'll be surviving or not. But the ray of hope is the only way through which we can count upon the power of the Constitutional courts. To conclude, it is noteworthy to refer to one of the poem(s) by Varavara Rao:

"When the tongue pulsates, tone manumits the air, and

Song turns missile in battle, the foe fears the poet;

Incarcerates him, and Tightens the noose around the neck

But, already, the poet in his notes, breathes among the masses." - The Bard