Wife of activist P Varavara Rao moves the Supreme Court seeking his release from Navi Mumbai's Taloja jail in the Bhima Koregaon case on temporary bail due to Covid-19 pandemic and the neurological problems suffered by him.
In a writ petition, Pendyala Hemalatha claimed that Rao's continued custody amounted to "cruel and inhuman treatment", violating his right to liberty and dignity under Article 21 of the Constitution.
"Although the petitioner’s husband may have tested negative for Covid-19, after being admitted in Nanavati hospital, there is every possibility of reinfection as is now known to medical science," the petition filed by advocate Sunil Fernandes stated.
She said that her husband was in an extreme state of ill health and is entitled to the love and solace of family members in Hyderabad, particularly of her.
She pointed out that Rao was hospitalised on May 27 but he was hurriedly discharged on June 2, while his bail plea on the ground of his medical problems and Covid-19 was pending, despite the fact that he needed constant follow up.
"What is being sought is only a temporary bail on health grounds and her earlier apprehension is that Rao may also get infected by Covid-19 turned out to be true, while he was admitted for the second time in J J Hospital and then shifted to St George Hospital and then to Nanavati Hospital," the petition said.
Maintaining that the chance of commencement of trial in the immediate future is bleak and charges are yet to be framed, she pointed out there is no bar to grant bail on health grounds under the Unlawful Activities Prevention Act or the National Investigation Act.
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