Bhima Koregaon: Accused seeks permission for cataract surgery in Hyderabad, Bombay HC asks NIA to verify free treatment claim!

On Thursday, the Bombay High Court heard an application from Bhima Koregaon violence accused Dr. P Varavara Rao, who sought permission to go to Hyderabad from Mumbai for three months to undergo cataract surgery. Rao argued that the surgery and post-operative care in Mumbai was expensive, whereas it was free in the state of Telangana for a pension holder.

Single-judge Justice Amit Borkar opined that this was the crux of Rao’s plea, and if the claim made by Rao was factually incorrect, then the complexion of the matter would change. Advocates R Satyanarayanan and Neeraj Yadav appearing for Rao informed the Court that the provisions of the Telangana government were annexed in the petition.

“The petition has the rules annexed. It states that a pensioner in the State was entitled to free treatment for up to an amount of ₹2 lakhs,” the counsel said. The Court, however, insisted that the National Investigation Agency (NIA) verify this fact and inform the court on the next date which is on June 5.

Satyanarayanan requested for earlier hearing, but the Court opined that there was no urgency as Rao was not in jail, and out on bail. “From your (Rao’s) pleadings it is seems like it is not required urgently. You (Rao) are out on bail. It would have been different if you were in jail,” the court ruled.

Rao was arrested in 2018 and had been in judicial custody till March 2021 when he was granted temporary bail of 6 months on medical grounds by the Bombay High Court. The Supreme Court in August 2022 granted him bail on medical grounds. One of the conditions in the order was that Rao cannot leave the jurisdiction of the special NIA court in Mumbai without express permission of court.

NIA counsel Sandesh Patil opposed the petition arguing that the surgery was a minor procedure and Rao was a dangerous criminal. “He is outside on bail. Cataract surgery requires an hour’s time. He can get it done in Mumbai. We are saying he is a dangerous criminal, there are serious charges against him,” Patil urged.

The Bombay High Court asked the NIA to verify the claim made by Bhima Koregaon violence accused Dr. P Varavara Rao that the State of Telangana would provide free cataract treatment to him. The Court insisted that the NIA inform the court on the next date which is on June 5.

Rao argued that his vision was deteriorating due to ripening of cataract and the trial was yet to commence. He contended that the surgery and post-operative care in Mumbai was expensive, whereas it was free in state of Telangana for a pension holder.

The Court, however, opined that there was no urgency as Rao was not in jail, and out on bail. NIA counsel Sandesh Patil argued that the surgery was a minor procedure and Rao was a dangerous criminal.

The Bombay High Court asked the NIA to verify the claim made by Bhima Koregaon violence accused Dr. P Varavara Rao that the State of Telangana would provide free cataract treatment to him. The Court will hear the matter again on June 5.

Case: Dr. P Varavara Rao vs NIA & Anr.

Counsel for Applicant: 1Adv. R Satyanarayanan

Counsel for Opposite Party: 1Adv. Sandesh Patil

Order Date: 27.04.2023 

Read Order: Not Available