Bombay High Court grants Varavara Rao permission to undergo eye surgery in Hyderabad

Varavara Rao who has been accused in the Bhima Koregaon case argued that the cost of the surgery in Mumbai was unaffordable.
Telugu poet and activist Varavara Rao
Telugu poet and activist Varavara Rao
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The Bombay High Court on Monday, October 23, granted Varavara Rao, a prominent Telugu poet and activist, permission to travel to Hyderabad for a period of seven days to undergo cataract surgery for one of his eyes. The court also directed Rao to seek fresh permission from the trial court for the surgical procedure on his other eye. Rao, an octogenarian activist and literary critic, is facing allegations of a conspiracy to eliminate Prime Minister Narendera Modi. 

 A division bench of Justices AS Gadkari and SC Chandak issued the order in response to Rao's plea, in which it was claimed that the trial court had neglected to take into account his earlier application on the grounds on which he sought permission. Rao argued that as a state pensioner, he was entitled to free medical treatment in Telangana up to Rs 2 lakh, and that the cost of the surgery in Mumbai was unaffordable.

In February 2021, the High Court had granted Rao medical bail for six months, and this was subsequently extended. However, in April 2022, the High Court rejected his request for permanent bail and instructed him to surrender within three months. The Supreme Court then removed the condition of surrender but mandated that he must not leave Mumbai without obtaining the NIA special court's approval.

Following the Supreme Court's order, Rao applied to a special NIA court, seeking permission to travel to and stay in his hometown of Hyderabad for three months to receive medical treatment. The special court rejected his request on September 23, 2022, prompting Rao to challenge the order in the High Court in November. Rao argued in his plea that members of his family are medical professionals, citing his granddaughter as an ophthalmologist as one who can treat his condition more effectively. The argument highlighted Rao's prior experiences with Mumbai's government hospitals and exorbitant cost of private hospitals. 

Advocate R Sathyanarayanan, representing Rao, requested permission for Rao to travel to Hyderabad for a 10-day period, with the surgery for each eye, which was opposed by NIA's counsel who argued that cataract surgery patients are typically discharged on the same day, and Rao could stay in Hyderabad for at most three days in a single visit.

The High Court permitted him seven days to travel to Hyderabad for the surgery, as the NIA did not contest the need for the procedure. Regarding the procedure for his other eye, the judge said that Rao could approach the trial court for permission.

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