Mumbai, March 18 A special NIA court in Mumbai has refused permission to poet-activist Varavara Rao, an accused in the Elgar Parishad-Maoist links case, to permanently relocate to his hometown Hyderabad, citing a lack of authority to modify bail conditions set by the Supreme Court.
Rao (85) had sought permission from the National Investigation Agency (NIA) court to relocate to his hometown on the grounds of advanced age and financial hardship.
His plea was rejected by special NIA court judge Chakor Baviskar on Monday (March 16).
The activist was arrested on August 28, 2018, from his Hyderabad residence and is currently an undertrial in the case. The octogenarian is currently out on medical bail granted by the Supreme Court in 2022.
Among other conditions, the bail requires Rao to reside within the greater Mumbai area and not leave the metropolis without prior permission from the NIA court. The activist, in his plea, stated that both he and his wife were suffering from different illnesses.
"They (the couple) need consistent support, both emotional and mental, from their family members who live in Hyderabad," the plea said.
Rao claimed that it would be easier for him to get medical treatment in Hyderabad as his daughter is married to a doctor and his granddaughter is a medical professional.
His plea maintained that it was harder for the activist to reside in Mumbai with a meager income of about Rs 50,000.
"He has to borrow from his children and it is affecting his dignity and self independence," the application stated.
The NIA objected to the activist's plea, contending that the accused was seeking modification of the SC-imposed bail conditions, which was not permissible for a lower court to grant.
Special Judge Baviskar held that he cannot accept the contention raised by the accused for a simple reason that the trial court "cannot travel beyond the Supreme Court".
He noted that the SC's 2022 bail order allowed the trial court to grant Rao permission to travel outside Mumbai, but the consideration "must be temporary of sort".
It does not empower the special court to allow Rao to leave its jurisdiction of this court permanently "for whatsoever reasons and however genuine from his point of view", the order observed.
Rao's plea mentioned that the Bombay High Court in December last year allowed co-accused Gautam Navlakha to relocate to Delhi.
On this, the special judge noted the HC clarified that its "order is passed in the peculiar facts and circumstances".... and shall not be treated as a precedent for extending similar relief to other accused persons".
Thus, considering the HC's rider as well as the terms and conditions imposed by the SC, the special court cannot grant the relief sought by Rao, Judge Baviskar's order said.
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, which initially probed the case, had claimed the conclave was organised by people with alleged Maoist links. An FIR was lodged by the Pune police on January 8, 2018 under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.
The NIA later took over the probe in the case, in which more than a dozen activists and academicians were arrested. Most of the accused are currently out on bail.