The plea will likely be heard by justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia.
Rao said he has challenged the high court order as he was not granted an extension of bail despite his advanced age and precarious and deteriorating health condition, and his prayer to shift to Hyderabad was also denied.
“The petitioner, an 83-year-old renowned Telugu poet and orator who has undergone over two years of incarceration as an under-trial and is currently enlarged on bail on medical grounds by the Bombay High Court, respectfully submits that any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination," he said in his appeal against the 13 April Bombay HC order.
He was arrested on 28 August 2018, from his home in Hyderabad and is an under-trial in the Bhima Koregaon case for which FIR was lodged by the Pune Police at Vishrambagh Police Station on 8 January 2018 under various sections of IPC and several provisions of UAPA.
Initially, Rao said that he was put under house arrest pursuant to the order of the apex court and ultimately on 17 November 2018 he was taken into police custody and later shifted to Taloja Jail.
On 22 February 2021, the Bombay HC granted him bail on medical grounds and was released from jail on 6 March 2021.
Giving extensive details of his health conditions including suffering in the jail, Rao said that the order of the Bombay HC dated 22 February 2021, had contemplated that the Petitioner could be on medical bail for an extended period, and even permanently, on medical grounds depending on his medical condition supported by medical examination reports.
“The Judges in the impugned judgement and order committed a serious error in proceeding on the footing that because the earlier order had granted bail for a limited period of time, namely six months, it (the earlier bench) was not prepared to grant the bail for an unlimited period of time", the appeal said.
It added that after the grant of bail by the order on 22 February 2021, the Petitioner’s health deteriorated and he had developed an umbilical hernia for which he had to undergo surgery.
“He also needs to be operated for cataract in both his eyes, which he has not undertaken as the cost in Mumbai is prohibitive", it said, adding that the Petitioner has also been suffering from increasing “neurological" symptoms, that is, slowness of movement, hand tremors, stooping posture, amongst other symptoms.
Rao in his appeal said, “It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the Petitioner, passed away even before the trial could start".
He submitted that the Petitioner has a right to health and medical treatment under Article 21 of the Constitution of India and the same would be violated if he was subjected to incarceration at Taloja jail.
On 13 April, the High Court had rejected the plea but had extended the time for the 83-year-old activist to surrender before the Taloja prison authorities by three months, to enable him to undergo cataract surgery.
It had also dismissed Rao's application seeking that he be permitted to stay in Hyderabad instead of Mumbai, while out on bail.
With inputs from agencies.
