Supreme Court Upholds Status Quo: Varavara Rao's Plea for Bail Modification Denied Urgent Hearing

In a significant development in the Bhima Koregaon case, the Supreme Court's vacation bench has declined to entertain an urgent plea from 83-year-old poet-activist P. Varavara Rao, seeking a modification of his bail conditions. Rao had requested permission to return to his hometown of Hyderabad, citing deteriorating health and the need to live with his family.

However, the bench, comprising Justices A S Bopanna and P S Narasimha, noted that the main appeal regarding his bail was already being heard by a regular bench, thereby refusing to interfere.

Rao, who has been battling multiple ailments including Parkinson's disease and has been hospitalized on several occasions during his incarceration, currently remains restricted to Mumbai as per his existing bail terms.

His legal team argued that returning to Hyderabad would allow him access to better support from his family and personal doctors, which is crucial given his advanced age and medical condition.

The vacation bench's decision underscores the court's procedural adherence, as it emphasized that the matter had already been seized by a regular bench of Justices U U Lalit and Aniruddha Bose, who had previously scheduled the main appeal for a detailed hearing on September 7.

The vacation bench made it clear that it would be inappropriate to preempt or interfere with the proceedings of the regular bench.

Varavara Rao was initially granted interim medical bail by the Bombay High Court in August 2021, a decision that was subsequently extended by the Supreme Court in August 2022.

He was arrested in August 2018 along with several other prominent activists, lawyers, and academics, in connection with the Bhima Koregaon-Elgar Parishad case. The National Investigation Agency (NIA) alleges that the accused were involved in a conspiracy to incite violence at the Bhima Koregaon war memorial in January 2018 and have links to the banned CPI (Maoist) organization.

Throughout his legal battle, Rao's health has been a recurring concern, prompting numerous appeals for temporary release and medical attention.

The NIA has consistently opposed any relaxation of his bail conditions, arguing that allowing him to travel to Hyderabad could lead to him re-engaging with unlawful activities. This latest ruling by the Supreme Court vacation bench means that Varavara Rao must continue to await the decision of the regular bench regarding any changes to his current bail restrictions, extending the uncertainty surrounding his ability to return home.