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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News Network
May 10,2020

New Delhi, May 10: The Delhi government has asked district magistrates to release 2,446 Tablighi Jamaat members from quarantine centres and ensure that they do not stay in any other place except their homes.

The district magistrates will explore the possibility of sending those Tablighi members, who belong to other states, in buses to their designated places in accordance with social distancing norms and other protocols, DDMA Special CEO K S Meena said in a letter to deputy commissioners (administration).

As man as 567 foreign attendees of the congregation held in Delhi's Nizamuddin area in March, will be handed over to the police, Meena said.

"They (foreign Jamaat attendees) will be handed over to police in connection with several violations like visa violation," a government official said on Saturday.

Delhi Home Minister Satyendar Jain had recently ordered the release of Tablighi members who have completed their required quarantine period in centres and tested negative for COVID-19.

"Out of such people belonging to Delhi, who could be released as per prescribed guidelines should be issued passes to travel from the quarantine centres.

"Under no circumstances, the aforesaid persons should be allowed to stay in any other places including mosques," Meena said in the letter.

In respect of those Tablighi members belonging to other states, it should be ensured by the nodal officer and the area ACP that such people reach their place of residence, he also said.

"The DC should also inform the respective resident commissioner of their states in respect of each and every movement of such persons from Delhi," the Delhi Disaster Management Authority (DDMA) Special CEO said.

Thousands of Tablighi Jamaat members had been taken out of its Markaz (centre) in Nizamuddin, where they had gathered for a religious congregation, and quarantined as the area became a major hotspot after a number of members tested positive for coronavirus.

On March 31, the Delhi Police's Crime Branch had lodged an FIR against seven people, including Maulana Saad Kandhalvi, on a complaint by Station House Officer, Nizamuddin, for holding the congregation.

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News Network
May 19,2020

May 19: Congress general secretary Priyanka Gandhi Vadra's office on Tuesday said the Uttar Pradesh government has demanded that the 1,000 buses the party wants to ply for ferrying migrant labourers back to the state be handed over in Lucknow this morning and alleged that the move is politically motivated.

It also alleged that the demand shows that the UP government lacks the intention to help those stranded at the state's borders.

The Uttar Pradesh government on Monday had accepted the Congress' offer to run 1,000 buses to bring migrant labourers back to the state, a proposal which had triggered a war of words between the two sides.

In a letter to Additional Chief Secretary Avneesh Kumar Awasthi, Priyanka Gandhi's private secretary Sandeep Singh said a letter was received from the UP official at 11.40 am via email, in which it has been stated that 1,000 buses with all documents be handed over at Lucknow by 10 am on Tuesday.

"In a situation when thousands of workers are walking on the streets and thousands of people have gathered at the UP borders at various registration centres, sending 1,000 empty buses to Lucknow is not only a waste of time and resources but is also inhuman and the product of an anti-poor mindset," Singh said in the letter in Hindi.

"This demand of your government seems politically motivated. It does not seem that your government wants to help our labourer brothers and sisters who are facing a disaster," the letter said.

The state government had asked Priyanka Gandhi, who had made the offer, to provide it with a list of buses along with the names of their drivers and conductors.

Subsequently, her private secretary Singh had given details of the buses and its drivers to the UP government in an email.

"All details of the 1,000 buses are attached with this e-mail. Out of them, a few drivers will be reverified and those details will also be mailed to you in a few hours. I hope you will give permission for those buses to ply as soon as possible," Singh had said in the communication to the UP government on Monday.

The Congress leader had recently written to Uttar Pradesh Chief Minister Yogi Adityanath, seeking permission to run 1,000 buses at her party's expense.

The party had then accused the BJP-run UP government of ignoring the offer.

"The offer made to the chief minister through the letter on May 16 in connection with migrant labourers has been accepted," Additional Chief Secretary Awasthi (Home and Information) had said in a letter to Priyanka Gandhi's private secretary.

A little later on Twitter, Priyanka Gandhi, who is the Congress general secretary in charge of eastern Uttar Pradesh, had thanked Adityanath.

"Thank you for allowing us to run 1,000 buses at the expense of the Congress to help thousands of brothers and sisters walking on the roads in Uttar Pradesh," she had tweeted in Hindi.

She had said the Congress will stand with these people during the difficult time they face.

In a television interview earlier on Monday, Adityanath accused the Congress of playing politics over the plight of migrant workers.

Singh in his letter on Tuesday also expressed surprise at the chief minister, saying his government was demanding the details of buses since the last three days and asserted that the details were provided immediately after the letter from the UP government was received in this regard.

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News Network
July 23,2020

New Delhi, Jul 23: A Delhi court Thursday allowed 198 Indonesians to walk free on payment of varying fines, after they accepted mild charges under the plea bargain process, related to various violations including visa norms while attending the Tablighi Jamaat event here during the COVID-19 lockdown.

Metropolitan Magistrate Vasundhara Azad allowed 100 Indonesians to walk free on payment of a fine of Rs 7,000 each, said advocates Ashima Mandla, Fahim Khan and Ahmed Khan, appearing for them.

Metropolitan Magistrate Swati Sharma allowed 98 Indonesians to walk free on payment of a fine of Rs 5,000 each.

The court directed the 98 Indonesians to deposit their fines to PM CARES Fund.

The Sub-divisional magistrate of Defence Colony, who was the complainant in the case, Assistant Commissioner of Police of Lajpat Nagar and Inspector of Nizamuddin said they have no objection to it.

However, one Indonesian did not plead guilty to the charges against them and claimed trial before the court.

Under plea bargaining, the accused plead guilty to the offence praying for a lesser punishment. The Criminal Procedure of Code allows for plea bargaining in cases where the maximum punishment is 7-year imprisonment; offences don''t affect the socio-economic conditions of the society and the offence is not committed against a woman or a child below 14 years.

The foreigners were chargesheeted for attending the religious congregation at Nizamuddin Markaz event in the national capital by allegedly violating visa conditions, indulging in missionary activities illegally and violating government guidelines, issued in the wake of Covid-19 outbreak in the country.

They were granted bail earlier by the court on a personal bond of Rs 10,000 each.

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