Elgaar Parishad Case Bombay High Court Seeks Nias Reply To Varavara Raos Plea To Permanently Reside In Hyderabad

The Bombay High Court Friday sought the National Investigation Agency (NIA)’s reply to an appeal by poet-activist Varavara Rao, who is an accused in the Elgaar Parishad case, seeking permission to permanently live in his hometown Hyderabad, citing financial hardship and age-related constraints.

Rao approached the high court after a special court in March this year rejected his plea. Earlier, the high court had permitted co-accused activist Gautam Navlakha to relocate to Delhi pending trial, which is yet to begin.

A bench of Justices Ajey S Gadkari and Kamal R Khata issued notice to the NIA on the plea and sought its response within two weeks.

“He will not have to spend a large amount on rent, not to mention the significant difference in the general cost of living in Hyderabad as against Mumbai,” the plea stated.

Rao mentioned that “he has to resort to borrowings from his children” for staying in Mumbai, and “it affects his dignity and self-independence in financial matters besides being an added burden on the children”.

Rao also argued that the special court’s observation that it was not empowered to allow Rao to permanently shift outside Mumbai was against the Supreme Court’s observations from its August 8, 2022, order, which had stated that he should not leave Mumbai without the special court’s nod.

“To conclude that the relief granted to the appellant must be temporary of sort as observed by the learned Special judge is totally erroneous,” the appeal further stated and sought the setting aside of the special court’s order.

Rao, an octogenarian Telugu poet and activist who was arrested in August 2018 in the case, has sought modification of the bail conditions. In February 2021, the Bombay High Court granted him medical bail for six months and directed him not to leave the jurisdiction of the special court designated under the NIA in Mumbai.

Though it was extended from time to time, the high court in April 2022 rejected his prayer for permanent bail and asked him to surrender within three months, and extended his temporary bail till then. In August 2022, the Supreme Court granted him permanent bail on medical grounds since he had already spent over two years as an undertrial. The apex court had deleted the condition to surrender but directed that he should not leave the Greater Mumbai area without the NIA special court’s permission.

In October 2023, the high court granted permission to Rao to visit Hyderabad for a week to undergo cataract surgery.

On March 16 this year, a special court designated under the NIA Act rejected his plea to shift to Hyderabad, prompting him to approach the high court.