SC Grants Varavara Rao Permanent Bail on Medical Grounds

The apex court has deleted the condition imposed by the Bombay high court under which the activist had to surrender in three months from April.

New Delhi: The Supreme Court has granted activist and poet Varavara Rao – held as an undertrial in the Elgar Parishad case since August 28, 2018 – permanent bail on medical grounds.

Out on medical bail since March 6, 2021, the 82-year-old had moved the Supreme Court for permanent bail on the same grounds after his plea was rejected by the Bombay high court on April 13.

The apex court has deleted the condition imposed by the high court, which had said that he should surrender in three months.

A bench of Justices U.U. Lalit, Aniruddha Bose and Sudhanshu Dhulia took into account Rao’s age, his medical conditions and also the two-and-half years he spent in custody, LiveLaw has reported.

“The medical condition of the appellant has not improved to such an extent over a period of time that the facility of bail which was granted earlier be withdrawn. Considering the totality of circumstances, the appellant is entitled to bail on medical grounds,” the bench said, according to LiveLaw.

The bench observed the fact that charges are yet to be framed in the case – even though a charge sheet has been filed.

“The trial will take at least 10 years even if it starts today and there are 16 accused,” Rao’s lawyer Anand Grover submitted.

Of the 16 arrested in the case, Jesuit priest Father Stan Swamy passed away in custody last year. His associates allege that serious medical negligence led to his death.

“How long should I be in jail? Till death? I should die in jail. They want me to die in jail like Stan Swamy,” Grover said, at another part of the hearing.

Additional solicitor general S.V. Raju, appearing for the NIA, said the accused were to be blamed for delaying the trial by filing repeated applications. Raju also argued against Rao being at risk of Parkinson’s disease and held that his health condition “was not very serious.”

Rao, who has early signs of Parkinson’s disease according to his counsel, had submitted to the apex court that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”

‘Age not relevant’

Justice Lalit, during the hearing, noted that the investigating officer had “sufficient opportunity” to interrogate Rao in custody. To this, ASG Raju appeared to allege that during that period too, he was “in hospital most of the time.”

Noting that it was not the NIA’s case that Rao has misused his liberty, Justice Lalit asked the ASG how “long it will take for the trial to complete.” Raju said it will take one and a half years.

Citing the UAPA charges against Rao, Raju said, “Age is not relevant owing to the gravity of the offences. Please see his conduct. He is trying to overthrow the democratically elected government.”

After the Supreme Court announced its verdict, ASG Raju said, “Now many will come for bail saying he has a headache.” Hearing this, the bench laughed, according to LiveLaw‘s live tweets from the hearing.

As part of bail conditions, Rao has been asked not to leave the Greater Mumbai area without permission from the Special NIA Court of Mumbai. He cannot “in any way misuse his liberty, nor shall he get in touch with any of the witnesses or try to influence the course of investigation,” the court said.

Rao also has to keep the NIA, which is investigating the Elgar Parishad case, abreast of medical attention received by him.

The Elgar Parishad case has been criticised internationally as a witch-hunt against activists, scholars and lawyers who are critics of the establishment and assist marginalised communities.

Grover also noted during the hearing that in the chargesheet of the case, “no death at all” and “no terrorist” activity has been pinned to the accused. “It is all based on electronic evidence which we are disputing,” he said.

In late June this year, security researchers in the United States claimed that they had unearthed evidence that links the Pune police to the hacking of e-mail accounts of not only Varavara Rao but also Rona Wilson and Delhi University professor Hany Babu. This is the first time that the state’s involvement has been directly established in the case.

Amnesty International, in its responses to the Supreme Court-appointed panel to investigate alleged misuse of the Pegasus spyware in India, said it has confirmed that Rona Wilson – another accused in the Elgar Parishad case – was targeted. His phone was compromised “by a government customer using the Pegasus spyware tool in the weeks and months before he was arrested by Indian authorities”, the human rights organisation said.

“Eight defendants in the Bhima Koregaon case, including Rona Wilson, were also listed as potential Pegasus targets in the Pegasus Project dataset before their subsequent arrests,” it added.

Final Hearing on Varavara Rao’s Plea for Permanent Bail on August 10: SC

The bench observed that in a matter like this where only the medical condition is the issue, it is not something which would require an extensive hearing.

New Delhi: The Supreme Court on July 19 sought response from the National Investigation Agency (NIA) on a plea filed by Bhima Koregaon case accused, P. Varavara Rao, seeking permanent bail on medical grounds.

A bench headed by Justice U.U. Lalit issued notice on the plea, and said it would be heard on August 10. The top court observed that the interim protection granted to Rao would continue.

The apex court had earlier on July 12 extended Rao’s interim protection till further orders.

The 83-year-old, who has challenged the Bombay high court’s April 13 order rejecting his plea for permanent bail on medical grounds, is currently on interim bail on medical grounds and he was to surrender on July 12.

When the matter came up for hearing on Tuesday, the apex court asked additional solicitor general (ASG) S.V. Raju that if he wishes to file something, the court would grant him time.

“We have not formally issued notice. In case you are agreeable, then we will go to the final hearing and in case you wish to put in something, we will grant you time,” the bench, also comprising Justices S.R. Bhat and Sudhanshu Dhulia, said.

The bench observed that in a matter like this where only the medical condition is the issue, it is not something which would require an extensive hearing.

The ASG said he wanted time to file something in the matter.

He said Rao is already protected and is out on bail.

“Considering the nature of controversy involved in the matter, it is put to the counsel for the parties that the matter shall be disposed of on the next occasion,” the bench said.

“Since we have not issued any formal notice in the matter, notice is hereby issued returnable on August 10,” it said.

The bench said in case any other paper or material is to be placed on record, the same be done on or before August 2 and rejoinder, if any, be filed on or before August 8.

The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial on the outskirts of the western Maharashtra city.

The Pune Police had also claimed that the conclave was organised by people with alleged Maoist links. The NIA later took over the probe in the matter.

Also Read: Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused

In his plea filed against the April 13 order of the high court, Rao has said, “The petitioner is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial.”

The plea submitted that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination”.

It said Rao had challenged the high court order as he was not granted an extension of bail despite his age and precarious health condition, and his prayer to shift to Hyderabad was also denied.

Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial in the case for which an FIR was lodged by Pune police on January 8, 2018 under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

Initially, Rao said he was put under house arrest following an order of the apex court. On November 17, 2018, he was taken into police custody and later shifted to the Taloja jail in Navi Mumbai.

On February 22, 2021, the Bombay high court granted him interim bail on medical grounds and he was released from jail on March 6, 2021.

Giving extensive details of his health condition, including his sufferings in jail, Rao had said the high court order dated February 22, 2021 had contemplated that the petitioner could be on medical bail for an extended period and even permanently on medical grounds, depending on his 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 plea had said.

It added that after being granted bail, the petitioner’s health had deteriorated and he had developed an umbilical hernia for which he had to undergo surgery.

He needs to be operated for cataract in both eyes, which he has not undertaken as the cost is prohibitive in Mumbai, the plea said, adding the petitioner has also been suffering from neurological problems.

“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,” it said.

The high court rejected the plea but extended the time for the activist to surrender before the Taloja prison authorities by three months to enable him to undergo cataract surgery.

(PTI)

Maharashtra Bandh Today as Violence Over Bhima Koregaon Anniversary Spreads

No school buses are running in Mumbai; 13 buses of the civic transport service ‘BEST’ were damaged by protesters.

No school buses are running in Mumbai; 13 buses of the civic transport service ‘BEST’ were damaged by protesters.

Police and firemen at a charred shop following the violence in Pune. Credit: PTI

Mumbai: Maharashtra remained on edge after the anniversary of a battle fought 200 years ago brought to fore simmering caste tensions, even as a statewide bandh called today to protest the state government’s alleged failure to stop violence witnessed stray protests by Dalits.

Dalit protesters tried to block tracks at the Thane railway station today morning, but they were chased away and the traffic on the Central Railway line remained uninterrupted, said a railway official.

Protesters also tried to block rail traffic on the Western line in suburban Goregaon, said a police official.

Today’s class 11 exams at St Xavier’s College in South Mumbai have been cancelled, college authorities said.

Bharipa Bahujan Mahasangh (BBM) leader and B.R. Ambedkar’s grandson Prakash Ambedkar called for Maharashtra bandh to protest the state government’s “failure” to stop the violence at Bhima Koregaon village in Pune district two days ago.

Ambedkar alleged that Hindu Ekta Aghadi was responsible for the violence.

He said that the Maharashtra Democratic Front, Maharashtra Left Front and some 250 other organisations have supported the call for shutdown.

Civic buses were again targeted in Mumbai today.

Policemen try to control the situation after a violent protest by Dalits over Bhima Koregaon violence in Mumbai on Tuesday. Credit: PTI

Thirteen buses of the civic transport service ‘BEST’ were damaged by protesters in Kalanagar area (Bandra), Dharavi, Kamraj Nagar, Santosh Nagar, Dindoshi and Hanuman Nagar, an official from the Disaster Management Unit of the Brihanmumbai Municipal Corporation (BMC) said.

Mumbai’s famed tiffin carriers, Dabbawalas, chose not to provide their services today.

Anil Garg, president of the School Bus Owners Association (SBOA), told PTI, “Ninety-nine percent of our buses are off the road in the state today for security reasons. Only one or two percent of buses are on roads.”

“We have decided not to ply school buses in the first shift (during morning hours) today and if circumstances allow, we will run the buses in the second shift,” Garg said.

“Since law and order situation is beyond our control, we cannot take risk,” he added.

Some 40,000 school buses are affiliated to the SBOA in the state.

Garg also claimed that some school buses were damaged by protesters in Mumbai today, but the police did not corroborate the claim.

Mumbai police today registered nine cases in connection with yesterday’s violent protests. Over 100 people have been detained in the city since yesterday.

Credit: PTI

Gujarat MLA and Dalit leader Jignesh Mevani, who was in Mumbai yesterday, alleged the attacks on Dalits in Pune district two days ago were carried out by supporters of the BJP and the Rashtriya Swayamsevak Sangh.

“These organisations are modern-day Peshwas, representing Brahminism in its worst form. Two hundred years ago, our forefathers fought against the Peshwas. Today, Dalits of my generation are fighting against the new Peshwas,” he said.

“Why can’t Dalits peacefully commemorate the anniversary of the Bhima Koregaon battle? The attackers have resorted to such methods because they are scared of Dalit assertion,” he said.

Pune police said last night that they had received a complaint against Mewani and Delhi’s Jawaharlal Nehru University’s (JNU) student leader Umar Khalid for their “provocative” speeches at an event in Pune on December 31.

Credit: Twitter/ANI

Mevani and Khalid had attended the Elgar Parishad, an event organised to commemorate the 200th anniversary of the battle of Bhima-Koregaon, at Shaniwar Wada in Pune.

Violence erupted in Pune district when Dalit groups were celebrating the bicentenary of the Bhima-Koregaon battle in which the forces of the British East India Company defeated the Peshwa’s army.

Dalit leaders commemorate the British victory, as it is believed that soldiers from the Mahar community – then considered untouchable – were part of the East India Company’s forces. The Peshwas were Brahmins, and the victory is seen as a symbol of assertiveness by Dalits.

The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend

The resolve to fight Hindutva forces is certainly laudable, but the myth used for the purpose may be grossly counterproductive.

The resolve to fight Hindutva forces is certainly laudable, but the myth used for the purpose may be grossly counterproductive.

Bhima Koregaon victory pillar. Credit: Wikipedia

Two hundred years ago, the last battle of the Anglo-Maratha war was fought at Koregaon village on the banks of Bhima river near Pune. The battle marked the firm hold of the British Empire in India. The British erected an obelisk at the battle ground in the memory of the dead. It has 49 names, 22 of them are identified by their ‘nak’ suffix as Mahars. It was construed as the testimony to the gallantry of Mahar soldiers, and was rightly used by the first batch of Mahar leaders such as Gopal Baba Walangkar, Shivram Janba Kamble and even Ramji Ambedkar, B.R. Ambedkar’s father, when pleading the British for the restoration of Mahar recruitment in the British army when it was stopped in 1893. The stoppage of Mahar recruitment was a consequence of the Indian uprising of 1857, after which the British reassessed their recruiting strategies to include only those from ‘martial races’ in the army.

But when Babasaheb Ambedkar painted the Battle of Bhima Koregaon as the battle of Mahar soldiers against their caste oppression in Peshwa rule, he was creating a pure myth. As myths are required to build movements, he perhaps saw its necessity then. But after a century, when it solidifies into a quasi-history and tends to push Dalits deeper into an identitarian marshland, it should become a worrisome matter. Many Dalit organisations recently formed a joint front to observe the 200th anniversary of this battle as a campaign to launch an attack on the new Peshwai, the rising Brahmanic rule of the Hindutva forces. Their long marches culminated into an Elgar Parishad (conference) at the Shaniwarwada at Pune on December 31. While the resolve to fight the Hindutva forces is certainly laudable, the myth used for the purpose may be grossly counterproductive insofar as it reinforces identitarian tendencies whereas the necessity is to transcend them.


Also read: One Killed in Clashes at Bhima Koregaon Battle Anniversary Event in Pune; Situation Tense in Maharashtra


As regards history, it is a fact that when the East India Company developed its military aspirations, it recruited Dalits in disproportionately large numbers, perhaps for their unflinching loyalty and faithfulness and also because they were cheaply available. One finds disproportionate numbers of the Namshudras in Bengal, the Parayas in Madras and the Mahars in Maharashtra in its army. If the Dalits wanted to claim significant contribution to the establishment of the British Raj in India, it may not be as such incorrect. But to attribute motive of fighting caste oppression to their soldiery shall be far-fetched and unhistorical.

The East India Company fought and won several battles from the first one in Plassey in 1757 before the last battle of the Anglo-Maratha war. Obviously, all of them were not against the Peshwas. Most of them were not even against the Hindus. They were simply wars between the two ruling powers, which their soldiers fought just as their duty. To make them appear as anti-caste or anti-religion will not only be factually incorrect, but also an erroneous understanding of historical caste. Caste, until after the late 19th century when there was a substantial spread of education among the Dalits, has been the life-world of people. They took caste as a natural order and their oppression as the fate that they had to meekly endure. Therefore, there was no question of any resistance to caste, leave apart physical war against them. Contrary to such myths of bravery, there is no evidence of any militant resistance the Dalits ever posed against the Brahmanic oppression.

With regard to formation of warring armies, they were not purely composed on communal lines. While the Dalit soldiers may be relatively in large numbers in British army, it is not that they did not exist in Muslim or Maratha armies. As with communities, all castes existed in all the armies. In the Battle of Koregaon, one of the three wings of the Peshawa infantry was Arabs, which had reportedly fought most fiercely and had most casualties. What could be their motivation? Did they want the Peshwa’s Brahmanic rule to triumph? The fact is that they simply fought as soldiers for their masters, as the Dalits did for theirs. It would be grossly erroneous to attribute loftier motives to them than this.

Anglo-Maratha war. Credit: Wikipedia

Before the battle of Koregaon on January 1, 1818, the Peshwas had been reduced to weaklings by the earlier two Anglo-Maratha wars. As a matter of fact, the Peshwa Bajirao II had fled Pune and was attempting to attack Pune from outside. Peshwa’s army comprised 20,000 cavalry and 8,000 infantry, out of which around 2,000 men, divided into three infantry parties each comprising 600 ArabsGosains and soldiers, mounted the attack. The majority of the attackers were Arabs, reputed to be the finest among the Peshwa soldiers. The Company troops comprised 834 men, including around 500 soldiers of the 2nd Battalion of the 1st Regiment of Bombay Native Infantry, which was manned predominantly by Mahar soldiers. Although there is no record of their exact number, it is obvious that all of them were not Mahars. Even going by the casualties, the majority of those died in the battle (27 out of 49) were not Mahars. The Peshwa army ultimately withdrew, fearing the arrival of a larger British force led by General Joseph Smith. In view of these factual details, it may be misleading to portray the battle as Mahars’ vengeance against the Peshwas’ Brahmanic rule.

There is no evidence that after the defeat of Peshwai, there was any relief that accrued to Mahars. As a matter of fact, their caste oppression continued unabated. Rather, as hinted earlier, the ungrateful British stopped their recruitment to the army, refusing to acknowledge their past bravery. They ignored their pleas to restore recruitment until threatened by the First World War, in the wake of which they restarted their recruitment. There is no dispute that the British colonial rule brought Dalits numerous benefits, to the extent that the very birth of the Dalit movement may be attributable to it. But it must simultaneously be understood that it was unintended and primarily dictated by their colonial logic. It is unfortunate that Dalits blind themselves to this reality with their identity blinkers.

It is equally incorrect to say that since the Peshwa forces belonged to the Maratha confederacy, they were the nationalist forces, and the defeating British forces were the imperialists. To see historical facts through the spectacles of a non-existent nation is equally condemnable. There was no concept of an Indian nation; as a matter of fact, this concept eludes us even to this day. Paradoxically, India itself is by and large a gift of British rule, having forged a political unity of vast landmass of the subcontinent. Those who have been driving it as a nation for their selfish gains are indeed debauched like Peshwas and are the biggest anti-nationals.

The Dalits do need to fight this new Peshwai recreated by the Hindutva marauders. For that, they better open their eyes to see the reality, rather than an ostrich-like look into the mythical past and imagine their greatness.

Anand Teltumbde is senior professor at Goa Institute of Management.