There are hundreds of activists in prisons across the Country for their alleged activities or involvement in commission of offences targeting Country’s Administration or if needs to be appropriately interpreted and that should be in this way – questioning the Administration for the cause of voiceless and downtrodden of our Society.
No doubt such arrests were made by none other than our premier institution, National Investigation Agency and to name a few, Varavara Rao, Gautam Navlakha, Sudha Bhardwaj, Arun Ferreira, Anand Tetumble, Father Stansamy… and except Father Stansamy [about 80 years old] others were arrested about a year ago for their alleged role in supporting Naxals / Maoist. Fortunately, these so called Accused named by NIA are considered as intellectuals and rational thinkers universally by academicians and think tanks.
In fact since the arrest of about 80 years old Varavara Rao, a Telugu Poet by his passion, his Family kept knocking the doors of the Courts for his release on the grounds of his very fragile health condition. According to Rao’s Family, he has uncontrolled [urine] bladder and he is in support of diapers and many hours in the day he has no conscious, just breathing…Though we don’t have account of how many Bail Applications have been moved and rejected by the Courts – Trial Court or High Court.
Yesterday, Senior Advocate from Supreme Court, Mrs. Indira Jaisingh made a fervent appeal and a very humane argument in the Bombay High Court [before a Division Bench in Writ Jurisdiction] by saying – how could a man in such condition [uncontrolled bladder and wears diapers and who is counting his days] would tamper with evidence if set at liberty?
She explained the Court – the very pathetic condition of this Poet and went on to say if he dies in the prison the same shall amounts to custodial death and infringement of his rights under Article 21 which guarantees protection of life and personal liberty of every citizens. However, still the Court took contrary decision and dismissed such arguments. One relief the Court gave was Rao could be given medical assistance from a private Nanavati Hospital.
For me, it is very difficult to understand the process of law practiced by the Courts in India – keeping in prison a person of about 80 years old who has different thoughts about functioning of the system than the Administrators in Power – and may have expressed certain things in the interest of his Country and for his People he loves – still the question is – why were the consideration of his ill-health and old age not taken by the Courts for releasing him on Bail is just a myth!
As much as, I tend to make myself understand the procedures followed by the Courts over releasing a person on Bail, I am lost and confused when these types of plea were getting rejected by the Courts! Unfortunately, even the Writ [dismissed now] was not listed in the Bombay High Court for several days and this was taken up only after Supreme Court’s intervention for its early disposal.