Bombay HC asks NIA, Maharashtra govt if Varavara Rao’s family can see him

Agencies
July 20, 2020

Mumbai, Jul 20: The Bombay High Court on Monday asked the NIA and the Maharashtra government to inform it about the health condition of poet Varavara Rao, an accused in the Elgar Parishad-Maoists links case, and if his family could be allowed to see him "from a reasonable distance".

The directions came after Rao's lawyer told the court that the activist was "almost on his deathbed".

Rao, 81, is currently admitted in the Nanavati Hospital here. He tested positive for coronavirus earlier this month and is also suffering from several other ailments.

A division bench of Justices S S Shinde and S P Tavade asked the National Investigation Agency (NIA) and the state to inform the court about Rao's health condition and clarify by July 22 whether his family members could be permitted to see him.

Rao's lawyer Sudeep Pasbola told the court that the activist was "almost on his deathbed" and that if he were to die, it should be in the presence of his family.

"His condition is very serious. He hit his head against the hospital bed while he was at the J J hospital and sustained severe injuries. Besides COVID-19, he suffers from several ailments, he is hallucinating and is delirious," Pasbola said.

"His days are numbered and if he is to die, at least let him die in the presence of his family members," the lawyer said while seeking that Rao be granted bail. Pasbola said Rao was in no condition to cause any prejudice to the probe in the case and even the NIA could not dispute this fact.

The bench, however, asked if Rao was in such a critical condition, wouldn't it be counterproductive to move him out of the hospital, and take him to any other place? "Also, if he has COVID-19, then how can he meet his family?" the court asked.

To this, Pasbola said if permitted, Rao's family could take precautions, and see him from a distance. The state's counsel, Deepak Thakare, told the high court that it could arrange for video-conferencing facilities for Rao's family.

Additional Solicitor General Anil Singh, who appeared for the NIA, said as far as he knew, "COVID-19 patients could not be permitted to meet anyone". He also said Rao had been admitted to "one of the best multi-speciality hospitals in the city," and that he was being taken care of in accordance with guidelines of the Indian Council of Medical Research (ICMR).

"We are providing the best treatment to him, all his medical needs are being attended to and we are following ICMR guidelines in treating him for COVID-19," Singh said. The court, while seeking details from the NIA and the state, said, "Can his family members see him from a reasonable distance in the hospital?"

Rao earlier filed two pleas in HC through his lawyer. One was to direct the state to produce all his medical reports from the state-run J J Hospital, where he was admitted in May but discharged hurriedly on June 2 and sent back to Taloja jail in neighbouring Navi Mumbai.

The other plea sought bail on health grounds.

The same bench also heard a petition filed by Rao's co-accused in the case, activists Vernon Gonsalves and Anand Teltumbde, seeking that they be tested for COVID-19 as they had been in close contact with Rao in the jail.

The court directed the prison authorities and the NIA to respond to the plea by July 23. "The prayer in the petition is limited. You (authorities) carry out the test for COVID-19 and see. If they are negative then good," the court said.

It noted that they (Gonsalves and Teltumbde) are lodged in the Taloja jail where there have been cases of inmates testing positive for coronavirus. Besides, the hearing on the plea of activist Sudha Bharadwaj, also an accused in the case, seeking bail on health grounds was adjourned after the court found the Byculla women prison superintendent's report on her health to be "illegible".

Her plea will also be heard on July 23.

Bharadwaj has been in jail since September 2018. She applied for bail on health grounds after an inmate at the Byculla prison tested positive for coronavirus last month.

Rao and nine other activists were arrested in the Elgar Parishad-Maoist links case, which was initially probed by the Pune Police and later transferred to the NIA.

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Agencies
February 16,2020

New Delhi, Feb 16: Aam Aadmi Party (AAP) national convener Arvind Kejriwal was on Sunday sworn-in as the Chief Minister of Delhi for the third time in a row at Ramlila Maidan here, after his party registered a massive victory in the recently concluded Delhi Assembly polls.

Kejriwal was administered the oath of office and secrecy by Delhi Lieutenant Governor Anil Baijal.

The sprawling Ramlila Maidan reverberated with sounds of thousands of people cheering for the AAP leader.

Kejriwal who received a hero's welcome here had extended an invitation to the people of Delhi urging them to attend the swearing-in ceremony to witness "the son of Delhi" taking oath today.

The AAP nearly repeated its 2015 performance in the elections, sweeping the Assembly polls winning 62 seats in the 70-member Assembly, in the face of a high-voltage campaign by the BJP, which fielded a battery of Union Ministers and Chief Ministers in its electioneering spearheaded by Home Minister Amit Shah. 

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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News Network
March 3,2020

New Delhi, Mar 3: A day after two new cases of novel coronavirus that included one from Delhi were reported, the Health Ministry on Tuesday said six cases with "high-viral load" were detected during sample testing in Agra and these people have been kept in isolation. The six people had come in contact with a 45-year-old patient from Delhi, whose case came to light on Monday, and they include his family members.

According to government sources, the man, who is a resident of Mayur Vihar, had visited them in Agra.

The six have been kept in isolation at Safdarjung Hospital in Delhi and their samples are being sent to NIV, Pune for confirmation.

Contact tracing of the people who came in contact with the six is simultaneously being done through the Integrated Disease Surveillance Program (IDSP) network, the ministry said in a statement.

Sources said the patient from Mayur Vihar was shifted to a quarantine ward at Safdarjung Hospital on Sunday night.

His other family members have been asked to stay alert and look out for symptoms. One accountant, who came in contact with the man and some of his family members, was also quarantined, they said.

India on Monday reported two new cases of the novel coronavirus, one from Delhi and another one from Hyderabad. The government has stepped up its efforts to detect and check the infection which has killed 2,912 people in China.

On Monday, Rajasthan Health Minister Raghu Sharma had said that an Italian tourist tested positive for coronavirus in Jaipur.

The first sample collected from him on February 29 tested negative but his condition deteriorated, so a second sample was collected which tested positive on Monday, the minister said, adding, "Since there is a variation in the reports, the samples have been sent to the NIV, Pune for testing".

India had earlier reported three cases from Kerala, including two medical students from Wuhan in China, the epicentre of the deadly novel coronavirus. They had self-reported on their return to the country and tested positive for the infection. They were discharged from hospitals last month following recovery.

The infected person from Delhi had travelled to Italy, while the other patient who tested positive for the COVID-19 infection is from Telangana and had recently travelled to Dubai.

Both the patients had self-reported after they developed symptoms.

"They tested positive. They are stable and being closely monitored," ministry said on Monday.

The government has asked people to avoid non-essential travel to Iran, Italy, South Korea and Singapore and said India was in discussions with authorities in Iran and Italy, two countries badly affected by the infection, to evacuate Indians there.

The novel coronavirus or COVID-19, which originated in China, has spread to over 60 countries.

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