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Punished without trial: How India’s political prisoners are being denied basic rights in jail

Punished without trial: How India’s political prisoners are being denied basic rights in jail

Drawing by Arun Ferreira
Drawing by Arun Ferreira

Scroll.in / by Umang Poddar

They are often denied items of food and clothing that other inmates are allowed to access.
Over the past few weeks, prison authorities in Maharashtra have denied basic amenities such as mosquito nets and telephone facilities to undertrials in the 2018 Bhima Koregaon case, which pertains to caste violence as well as an alleged attempt to assassinate the prime minister. Nearly five years later, even as independent reports have pointed to the fact that the electronic devices of the accused were hacked using military-grade spyware available only to governments, the trial in the case is yet to begin.
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Also read:
Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief (The Indian Express / Jul 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20)

On 5th birthday in jail, friends wish for Shoma Sen’s release

On 5th birthday in jail, friends wish for Shoma Sen’s release

Shoma Sen

Times of India / by Shishir Arya

“On your 5th birthday in incarceration, Shoma…we will fight for justice,” says a post by Tusharkanti Bhattacharya, for his wife who is one of the 16 accused in Bhima Koregaon case. With the message he also posted her picture that was published in a Bengali journal Azaadi which carried an article on various political prisoners.
On Monday, Shoma Sen, a Nagpur University professor when arrested five years ago, turned 64.
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Also read:
Part 1: ‘It is very difficult to see my mother like this’ (Rediff.com / May 2022)
Part 2: When Your Mother Is In Prison… (Rediff.com / May 2022)
Part 3:’I have to get Ma out of prison’ (Rediff.com / June 2022)

4,484 People Died in Police Custody Since 2020: Govt Data

4,484 People Died in Police Custody Since 2020: Govt Data

The Swaddle / by Saumya Kalia

To what extent can impunity and oppression be quantified? An answer can be found in the chambers of the Lok Sabha, where the Union government on Tuesday shared data on the rise of custodial deaths in India. At least 4,484 people died in police custody over the last two years, with the state of Uttar Pradesh recording the highest share of custodial deaths. Overall, India’s documented custodial violence has steadily increased, with there being at least 2,544 cases in the last year itself.
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Also read
How the system broke Stan Swamy: A cell mate recalls the activist’s last days in prison (Scroll.in / Aug 2021)
Women prisoners recount Jail Horror Stories – Rape and torture common in jail (ICP / Jan 2019)

NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

NIA argues against Gautam Navlakha’s bail application, State denies him telephonic facility

23/07/2022

The Leaflet / by Sarah Thanawala

On July 22, Special Public Prosecutor for National Investigation Agency (‘NIA’), Prakash Shetty, argued against the bail application of journalist and human rights activist Gautam Navlakha, an accused in the Bhima Koregaon-Elgar Parishad case, charged under the Unlawful Activities (Prevention) Act, 1967. The application was being heard before the NIA’s special court in Mumbai, by special judge Dinesh E. Kothalikar.
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State denies phone call facility to jailed activist Gautam Navlakha

21/07/2022

Hindustan Times / by HT Correspondent

The state prison authorities on Wednesday told the Bombay High Court (HC) that Elgar Parishad accused Gautam Navlakha, booked under the Unlawful Activities (Prevention) Act (UAPA), cannot be permitted telephone calls from prison as per the existing rules
The state prison authorities on Wednesday told the Bombay High Court (HC) that Elgar Parishad accused Gautam Navlakha, booked under the Unlawful Activities (Prevention) Act (UAPA), cannot be permitted telephone calls from prison as per the existing rules.
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Can’t let Gautam Navlakha make calls from jail, Maharashtra government tells HC

20/07/2022

Scroll.in / by Scroll Staff

The state government’s lawyer told the court that the activist could not be given the facility as he was facing charges of terrorism.
The Maharashtra government on Wednesday opposed activist Gautam Navlakha’s request to make phone calls from prison, PTI reported.
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Also read:
● NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)

Yet to get money from Maharashtra govt to buy new books for library, say Taloja prison authorities

Yet to get money from Maharashtra govt to buy new books for library, say Taloja prison authorities

Midday.com / by pti

The authorities of Maharashtra government to purchase more books for library as ordered by the Bombay High Court during a hearing of a bail plea filed by activist Anand Teltumbe.
Teltumbde, an accused in the Elgar Parishad Maoist links case, is currently lodged in Taloja jail.
The prison authorities had refused a book by British author P G Wodehouse to Teltumbde in April this year, and was then directed by the high court to spruce up the library of the prison.
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Chidambaram: ‘Process is the Punishment’ / A former SC judge on the decay in the criminal justice system

Chidambaram: ‘Process is the Punishment’ / A former SC judge on the decay in the criminal justice system

P Chidambaram writes: ‘Process is the Punishment’

24/07/2022

The Indian Express / by P Chidambaram

P Chidambaram writes: Why are the accused denied bail? Pre-charge evidence, framing of charges, trial and arguments will — not may, it is will — take many years. Should the accused be in jail until the trial is over? Is pre-trial incarceration a substitute for trial, proof, conviction and punishment?
… In current times, there is no story more shocking than the story of the 16 accused in what is known as the Bhima Koregaon case.
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Liberty is too precious to be lost: A former SC judge on the decay in the criminal justice system

22/07/2022

Scroll.in / by Madan B Lokur

A starting point can be making some trial judges realise that they need to stop acting as a rubber stamp of the police in matters of arrest.
“What’s going on?” a young lady asks quizzically in a television advertisement. The same question must be asked of criminal justice and India’s prisons.
Bail, not jail has been reduced to a mere slogan to be whispered once in a while. The reality is jail, not bail. Another reality is that innocent until proven guilty has been transformed to guilty until proven innocent.
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Denied cot, Anand Teltumbde moves court

Denied cot, Anand Teltumbde moves court

Times of India / by TNN

Academician Anand Teltumbde has moved the special NIA court seeking that a showcause notice be issued to Taloja jail authorities for not providing him with a cot despite the court’s orders.
Teltumbde’s plea also said after the court’s order earlier this month, he was shifted to the hospital ward from the anda cell. It said it seemed like the jail authorities were using the hospital ward as prisoner holding cell to avoid complying with the court’s orders.
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Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief

Sipper and straw, to mosquito nets and phone calls: Elgar accused in court for relief

The Indian Express / by Sadaf Modak

Varavara Rao is currently on bail on medical grounds, and had challenged in the Supreme Court the High Court order rejecting his appeal.
… Incidentally, the High Court had also noted the claims made by Rao’s counsel on the lack of medical facilities at the Taloja prison and the poor hygienic conditions there, saying there was substance in the argument.
In the trial in the case, the Elgar Parishad accused have repeatedly brought up the lack of facilities in prison, and denial of access to the same.
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Different Courts Different Orders On Use Of Nets In “Mosquito Prone” Taloja Prison / Navlakha and Gorkhe denied net

Different Courts Different Orders On Use Of Nets In “Mosquito Prone” Taloja Prison / Navlakha and Gorkhe denied net

Drawing by Arun Ferreira
Drawing by Arun Ferreira

Different Courts Different Orders On Use Of Nets In “Mosquito Prone” Taloja Prison

09/07/2022

Live Law / by Live Law News Network

Just days after a special NIA court allowed an accused in the Antilia Terror Scare Case to use a mosquito net in the Taloja prison, another special court refused the same relief to Sagar Gorkhe and journalist Gautam Navlakha in the Bhima Koregaon – Elgar Parishad Case.
Special NIA Judge Rajesh Katariya in the Elgar case, however, directed the Superintendent of Taloja prison to take all precautions against mosquitoes.
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NIA court rejects plea to use mosquito nets in prison

08/07/2022

The Leaflet / by Sarah Thanawala

It’s most cruel and inhuman to deny inmates mosquito nets, says advocate for the accused, Susan Abraham.
On Thursday, a special National Intelligence Agency (‘NIA’) court in Mumbai presided by Special Judge Rajesh Kataria, rejected the plea filed by Gautam Navlakha and Sagar Gorkhe, to use mosquito nets in prison. The court allowed Navlakha and Gorkhe to use mosquito repellant ointments and natural mosquito incense sticks.
… Further, activist Jyoti Jagtap, another co-accused in the Bhima-Koregaon (Elgar Parishad) case, has prayed for permission to read books. A reply has to be filed by the State on Jagtap’s plea.
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Court rejects demand for nets, but asks jail to take precautions against mosquitoes

08/07/2022

The Indian Express / by Sadaf Modak

A special court on Thursday rejected applications filed by two accused in the Elgaar Parishad case, 73-year-old journalist Gautam Navlakha and activist Sagar Gorkhe, for access to mosquito nets at Taloja Central Jail where they are lodged. The court rejected their pleas but said that it is giving directions to the jail to deal with mosquitoes.
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Navlakha, another Elgaar accused denied mosquito net in prison

07/07/2022

Free Press Journal / by Bhavna Uchil

The court has permitted Navlakha and Gorkhe to use mosquito repellents, ointments and natural mosquito incense sticks. It has asked the jail authority to submit the compliance report.
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Also read:
● As Sagar Gorkhe announces fast unto death, Gautam Navlakha approaches NIA court seeking mosquito net (The Leaflet / May 2022)

Are prisoners entitled to make phone calls? Bombay HC asks prison authorities in Navlakha’s plea

Are prisoners entitled to make phone calls? Bombay HC asks prison authorities in Navlakha’s plea

Bar & Bench / by Neha Joshi

Why can telephone conversations not be reintroduced, might reduce footfall in prison, the division bench of Justices Nitin Jamdar and NR Borkar mused.
The Bombay High Court on Tuesday asked Maharashtra prison authorities to clear their stand on whether Bhima Koregaon violence accused Gautam Navlakha is entitled to make telephonic and/or video conference calls from prison.
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Update by Bar & Bench (Jul 13, 2022)
+++ Bombay High Court adjourns hearing on the application filed by Bhima Koregaon accused Gautam Navlakha seeking access to telephonic facilities in prison by a week +++


Also read:
‘Emotional Torture’: Why Don’t Indian Jails Give Inmates a Right to Phone Calls? (The Quint / Nov 2021)
Kin of jailed activists write to authorities to not discontinue telephone calls (Sabrangindia / Oct 2021)