Elgar Parishad case: Bombay HC asks if prison conditions have improved for Varavara Rao to surrender

Elgar Parishad accused Varavara Rao has been seeking an extension of the medical bail granted to him by the Bombay High Court in February 2021. After going through the earlier order, the bench wondered what could be the reason for granting bail for six months if the order had adverse observations against prison authorities.

Bombay High Court judges wondered why Elgar Parishad accused Varavara Rao was granted six months of bail despite the strong observations regarding the medical conditions in Taloja prison.

Varavara Rao has been seeking an extension of the medical bail granted to him by the Bombay High Court in February 2021. After going through the order, the bench of Justices SB Shukre and GA Sanap wondered what could be the reason for granting bail for six months if the order had adverse observations against prison authorities.

Varavara Rao's counsel Advocate Anand Grover said, "We have no answer. We are forced to come again and again for an extension."

Meanwhile, Advocate Sandesh Patil, representing the National Investigation Agency (NIA), said the court was balancing the rights of the prisoners with the need for custody.

However, the judges wondered if there were any changes in the prison conditions post six months which the high court had considered.

"Is there anything to provide for review after six months? Or has there been a challenge to the order? Because he is 82 years old. He may be drug-resistant. In six months, has the Taloja prison improved? He will be exposed to more diseases...it is better he is kept in a sanitised place rather than in prison," Justice Shukre said.

Justice Shukre also said that prima facie, observation showed no scope for them to review a judgment, as the unchallenged order had attained finality.