The Supreme Court on August 16 allowed activist-poet Varavara Rao, an accused in the Bhima Koregaon case, to move the trial court for permission to go to his native Hyderabad for cataract surgery in order to spare himself the expenses of doing it in Mumbai.
A three-judge Bench led by Justice U.U. Lalit asked the trial court to decide Mr. Rao's plea, if made, for leave to go to Hyderabad, within three weeks.
Eighty-two-year-old Mr. Rao, who is accused of offences under the draconian Unlawful Activities Prevention Act, was granted permanent bail on medical grounds by the Supreme Court on August 10.
However, one of the conditions imposed by the top court was that he should not leave the jurisdiction of Greater Mumbai where the trial court is located.
Senior advocate Anand Grover, for Mr. Rao, said his client was a professor and he could get the surgery done in Hyderabad free of cost. “The medical expenses in Mumbai were restrictive. Besides, he would be mentally better off in Hyderabad. He has been away for two years,” said Mr. Grover.
Mr. Rao was arrested in 2018 and had spent two years in jail.
Additional Solicitor General S.V. Raju, who had appeared for the National Investigation Agency and was present in the courtroom at the time, came forward to object to Mr. Rao's plea. Mr. Raju said the activist had been given bail for cataract surgery for three months earlier. "He did not undergo the operation," the law officer said
"A person who is 82 years of age has been advised to undergo cataract operation. It is an invasive surgery, though there is laser technology nowadays. But still, there are at his age, people who have other problems like diabetes. Doctors may advise against surgery… We do not know why he did not have the surgery then, we are only hazarding a guess. Besides, medical attention in Mumbai comes with a cost," Justice Lalit addressed the law officer.
"For him [Rao] funds are of no consequence," Mr. Raju responded.
"Funds? He is only a pensioner," Mr. Grover reacted to Mr. Raju's statement with incredulity.
The Bench asked Mr. Grover to file the application in two weeks, seeking permission to go to Hyderabad.
