[<<The National Investigation Agency (NIA) told the Bombay High Court that
accused P Varavara Rao, 81 “under the garb of the current situation on the
account of global pandemic of COVID-19 and his old age is trying to take
undue benefit of the situation in seeking bail.”>>]

https://www.thehindu.com/news/national/varavara-rao-is-trying-to-take-undue-benefit-of-the-pandemic-and-his-old-age-and-seeking-bail-says-nia/article32143624.ece

Varavara Rao is trying to take undue benefit of the pandemic and his old
age and seeking bail, says NIA

Sonam Saigal
MUMBAI, JULY 21, 2020 00:30 IST
UPDATED: JULY 21, 2020 00:33 IST

A view of the National Investigation Agency (NIA), in New Delhi. File   |
Photo Credit: Sushil Kumar Verma

“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.”
The National Investigation Agency (NIA) told the Bombay High Court that
accused P Varavara Rao, 81 “under the garb of the current situation on the
account of global pandemic of COVID-19 and his old age is trying to take
undue benefit of the situation in seeking bail.”

Also read: Varavara Rao may have dementia, say doctors

The central agency filed an affidavit on Monday that read, “Mr Rao and
other accused in the case (Bhima Koregaon) have been charged with various
offences under chapter IV (punishment for terrorist activities) and V
(forfeiture of proceeds of terrorism or any property intended to be used
for terrorism) of the Unlawful Activities Prevention Act (UAPA) 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 affidavit was filed by Vikram Khalate, Superintendent of Police, NIA,
Mumbai said, “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 Mr Rao.”

The 170 page 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.”

Also read: Poet Varavara Rao seeks bail

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 Mr 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.”

-- 
Peace Is Doable

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