Prison conditions – Page 8

Gautam Navlakha withdraws plea seeking transfer from Mumbai / Allowed to speak with daughter on phone

15/02/2023 Asha

Gautam Navlakha withdraws application seeking to move location of house arrest from Mumbai to Delhi

18/02/2023

The Leaflet / by Sarah Thanawala

Withdrawing the application that sought his transfer from Mumbai to Delhi, Navlakha will now seek another place in Mumbai.
On Friday, a division bench of the Supreme Court, comprising Justices K.M. Joseph and B.V. Nagarathna, allowed the withdrawal of the application filed by Gautam Navlakha for the transfer of his place of house arrest from Mumbai to Delhi.
Read more

Gautam Navlakha Withdraws Application In Supreme Court Seeking Transfer From Mumbai To Delhi

17/02/2023

Live Law / by Rintu Mariam Biju

Gautam Navlakha, an accused in the Bhima Koregaon case, on Friday withdrew his application filed in Supreme Court seeking permission to remain in house-arrest in Delhi instead of Mumbai.
When the matter was called up first, an advocate assisting Solicitor General Tushar Mehta sought a pass over.
“…You understood what you were getting into when you are in Bombay. You accepted it, now you want a change?”, the Division Bench comprising of KM Joseph and BV Nagarathna asked, turning to the petitioner.
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Navlakha allowed to speak with daughter for 10 minutes on phone

15/02/2023

The Indian Express / by Express News Service

Navlakha had filed a plea seeking to speak with his daughter, a resident of Spain. Navlakha, an accused in the Elgaar Parishad case, has been under home arrest since last November in Navi Mumbai, following orders of the Supreme Court.
A special court in Mumbai on Tuesday granted activist-journalist Gautam Navlakha permission to speak with his daughter for 10 minutes on the phone of a police personnel.
Read more

Also read:
● Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve? (Scroll.in / Nov 2022)
● Stop Denying Political Prisoners the Right to Healthcare in Jails (PUDR / Sep 2022)
● All I ask is an hour to breathe in fresh air, soak in sun, rights activist Gautam Navlakha in plea (Free Press Journal / Dec 2021)

Provide access to computer, court tells jail authorities on plea made by Surendra Gadling and Arun Ferreira

23/01/2023 Asha

The Indian Express / by Express News Service

A special court in Mumbai has directed Taloja Central Prison authorities to allow two of the accused in the Elgaar Parishad case, lawyers Surendra Gadling and Arun Ferreira who represent themselves, to use computers twice a week and provide the necessary software to view documents submitted by NIA.
Read more

Also read:
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023 Asha

Court Issues Notice in Surendra Gadling’s Contempt Plea Against Prison Officials

17/01/2023

The Wire / by Sukanya Shantha

The human rights lawyer, an accused in the Elgar Parishad case, claims that despite favourable court orders, the prison officials have blocked his access to hospitals, worsening his health condition further.
Surendra Gadling, a human rights lawyer and an arrested accused in the Elgar Parishad case, has been ailing with multiple health issues, including serious cardiac issues and psychiatric disorders. Over the past year, he has made multiple applications before the court seeking adequate medical care. And despite favourable court orders, the prison officials have allegedly blocked his access to hospitals, worsening his health condition further.
Read more

Court issues notice to Taloja jail superintent for not taking Surendra Gadling to hospital

14/01/2023

The Hindu / by Sonam Saigal

Although the court had directed that Mr. Gadling be referred to JJ Hospital, and he was due to recieve psychiatric treatment follow-up on February 20, 2022, he was not taken to hospital until June 6, he alleged
A sessions court at Gadchiroli has issued a notice to the Superintendent and Chief Medical Officer (CMO) of Taloja Central Jail, with regards to their failure to take advocate Surendra Gadling to hospital last year, even three months after being directed to do so by the court. Mr. Gadling is an accused in the Bhima Koregaon caste violence case of 2018.
Read more

Also watch:

● Video: The Prison Song of Surendra Gadling

hindi | 11min | 2021

The Wire / lyrics by Ramesh Gaichor

51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes- long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates. The song was recorded by one of Gadling’s colleagues and was made available to The Wire after obtaining his consent.
Watch video

Court asks Taloja jail authorities again to take steps to keep prison mosquito-free

22/12/2022 Asha

Sagar Gorkhe, Ramesh Gaychor. Poster by #bakeryprasad

Court asks Taloja jail to follow order on tackling mosquito menace

22/12/2022

Free Press Journal / by Staff Reporter

A special court has directed Taloja jail authorities to conduct periodic fumigation, spray insecticides and take necessary precautions to keep the jail premises free of mosquitoes.
A special court has directed Taloja jail authorities to conduct periodic fumigation, spray insecticides and take necessary precautions to keep the jail premises free of mosquitoes. The direction came in response to a plea by Bhima-Koregaon case accused Sagar Gorkhe who sought a mosquito net and an explanation by jail authorities for dereliction of duty in not following the court’s July order giving directions to tackle the mosquito menace.
Read more

Court asks Taloja jail authorities again to take steps to keep prison mosquito-free

22/12/2022

The Indian Express / by Express News Service

Rejects plea by Elgaar Parishad accused asking for mosquito net.
In a recent order, a special court again directed Taloja jail authorities to take necessary steps to keep the prison premises mosquito free. The court was responding to a plea by Sagar Gorkhe, an accused in the Elgaar Parishad case. However, the court did not allow his plea for a mosquito net.
Read more

Also read:
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)
● by PantherAjay (May 27, 2022):
Jailed Shahir Sagar Gorkhe is not the only under trail prisoner who has been continually harassed and whose ‘Machchhardani’ stolen by the insolent jail administration. This is an attempt to condemn the unlawful treatment meted against the under trial prisoners and to safeguard their rights. Following is the account of a similar incident that was faced by another imprisoned writer and poet Ramesh Gaichor translated from the original written in Marathi.

Long forgotten: India’s pretrial and undertrial prisoners

15/12/2022 Asha

Frontline / by Ashutosh Sharma

The country’s jails teem with poor and marginalised people detained without justification.
Since there was no one to furnish a Rs.30,000 surety bond, Jai Parkash, 47, spent over 22 years in judicial custody without a trial. On November 21, Parkash, a stout man with swollen hands and a puffy face, was finally released on bail as part of the remissions granted under “Azadi Ka Amrit Mahotsav”.
… Quoting the Prison Statistics India report, Raghavan said: “Nearly 85 to 90 per cent of prisoners are SCs, STs, OBCs and Muslims. There is no data available on their socio-economic background, but our work with prison populations in Maharashtra shows that more than 60 per cent have a monthly family income less than Rs. 10,000.
Read more

Also read/watch:
● The Burgeoning Share of Undertrial Prisoners in India’s Jails (The Wire / Oct 2022)
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
● 4,484 People Died in Police Custody Since 2020: Govt Data (The Swaddle / Jul 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

● Video: The Prison Song of Surendra Gadling

By The Wire

hindi | 11min | 2021
In August, when human rights lawyer Surendra Gadling was released on interim bail for a week, he made a quick visit to the Nagpur sessions court to meet his colleagues and friends. 51- year-old Gadling, a well-known criminal lawyer in Nagpur, was once a cultural activist, who sang songs of political resistance. The 11- minutes-long rendition tells you what it means to be incarcerated in Indian prisons. From food, water, to medical care, everything is a struggle, Gadling narrates.
Watch video

Prisoners of conscience / Court directs top cop to look into the mosquito menace in Taloja prison

16/11/2022 Asha

Prisoners of conscience

16/11/22

Deccan Herald / by Jyoti Punwani

Is it just their relentless opposition to State policies that gets the NIA’s goat, or is it also their privileged background?
Stone walls do not a prison make, nor iron bars a cage. Sometimes they do, even for the most creative minds.
Take Maharashtra’s Taloja Jail, on the outskirts of Mumbai. For the last almost three years, it’s been home to some of the country’s most valuable public intellectuals, and also the site of their steady deterioration. The Bhima Koregaon trial is yet to begin, but the 16 accused have already been punished, by the NIA that’s handling their case and the jail authorities.
Read more

Court directs top cop to look into the mosquito menace in Taloja prison

16/11/22

Free Press Journal / by Staff Reporter

In his plea made on Tuesday, he said that there is no reply from the jail’s superintendent despite the court’s direction to the authority to file one.
Following an application by civil rights activist and accused in Bhima-Koregaon case, Anand Teltumbde, on Tuesday, a special court has directed the Deputy Inspector General of police (DIG, Prisons) to look into the mosquito menace in Taloja prison as the jail superintendent has not complied with previous orders to take precautions to control the situation despite repeated directions.
Read more

Also read:
● Two more accused move court seeking mosquito nets (Hindustan Times / Sep 2022)
● Gautam Navlakha approaches court again seeking mosquito net (Scroll.in / Sep 2022)
● Bhima Koregaon accused calls off hunger strike (The Hindu / May 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)
● by PantherAjay (May 27, 2022):
Jailed Shahir Sagar Gorkhe is not the only under trail prisoner who has been continually harassed and whose ‘Machchhardani’ stolen by the insolent jail administration. This is an attempt to condemn the unlawful treatment meted against the under trial prisoners and to safeguard their rights. Following is the account of a similar incident that was faced by another imprisoned writer and poet Ramesh Gaichor translated from the original written in Marathi.

As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

11/11/2022 Asha

Explainer: As activist Gautam Navlakha is allowed house arrest, what does this actually involve?

11/11/2022

Scroll.in / by Umang Poddar

When allowing him to leave Taloja jail for house detention, the Supreme Court on Thursday listed stringent conditions he would have to follow.
On Thursday, the Supreme Court allowed human rights activist Gautam Navlakha, who has been in Taloja jail since April 2020 in the Bhima Koregaon case, to be placed under house arrest for a month. The activist, who is 70 years old, said that he was suffering from various health ailments and had asked to be shifted out of jail.
While ordering house arrests, courts have the power to impose conditions as they deem fit, so that the trial is not hampered. In a 2021 case, the Supreme Court ruled that house arrests can also be used as a form of detention.
Read more

Elgar Parishad-Bhima Koregaon accused struggle to find house in city

11/11/2022

Hindustan Times / by Charul Shah and Gautam S Mengle

Getting a house in and around the city has been a challenge – both due to financial reasons as well as the fact that they were arrested by the National Investigation Agency (NIA) and charged under sections of the UAPA for alleged Naxalite links
The Supreme Court on Thursday allowed Elgar Parishad – Bhima Koregaon violence case accused Gautam Navlakha for a month’s house arrest on account of his old age and ill health.
Read more

4 years, 16 arrests and no framing of charges / Treatment, straw, books … things BK16 have asked courts for

10/11/2022 Asha

4 years, 16 arrests and no framing of charges: The many twist and turns of Elgaar Parishad case

10/11/2022

The Indian Express / by Sadaf Modak

With trial yet to begin, the Supreme Court recently asked the NIA court to expedite framing of charges in 2018 case
Gautam Navlakha, an accused in the Elgaar Parishad case, was allowed on Thursday to be shifted to house arrest after he filed a plea in the Supreme Court considering his health.
On August 18, the Supreme Court directed the special court in Mumbai conducting the trial in the Elgaar Parishad case to decide on framing of charges and discharge pleas of the accused within three months. The delay in the framing of charges has meant that four years after the Pune Police made nine arrests and the National Investigation Agency made seven arrests in the case, the trial in the 2018 case is yet to begin.
Read more

Treatment, straw, books… things Bhima Koregaon accused have asked courts for

10/11/2022

The New India Express / by pti

In December 2020, Navlakha’s partner Sahba Husain said the former’s spectacles were stolen in jail and when his family sent him a new pair, the jail authorities refused to accept them.
The Supreme Court order permitting jailed activist Gautam Navlakha to be kept under house arrest for a month has brought to the fore several applications filed by the accused in the Elgar Parishad-Maoist links case lamenting lack of facilities in jail and denial of access to the same.
Besides seeking medical treatment, the accused in the case have time and again approached courts for permission to get books, chairs, drinking straws, spectacles and mosquito nets inside the prison have asked courts for.
Read more

Supreme Court’s Concerns Regarding the Health of Gautam Navlakha Are Widely Shared

10/11/2022

Countercurrrents / by Bharat Dogra

The concerns expressed by a Supreme Court Bench on November 9 regarding the health of an elderly political prisoner Gautam Navlakha have been widely appreciated in the country. Justice Hrishikesh Roy found it disturbing that hardly any progress had been made since the charge-sheet against him was filed in October 2020 ( over two years ago). Justice K.M. Joseph stated, “ He is a 70 year old man. He is not in the best of health. We don’t know how long he will live.”
Read more

Gautam Navlakha Shifted To House Arrest, Who Are The Other Bhima-Koregaon Accused?

10/11/2022

Outlook India / by Outlook Web Desk

Gautam Navlakha, 70, has been in custody since April 14, 2020, and was lodged in Taloja prison in Navi Mumbai in connection with the Elgar Parishad-Maoist link case.
Even as activists, civil society members friends and family of jailed activist Gautam Navlakha celebrated the Supreme Court order to allow his plea to be placed on house arrest, many of the 15 activists, teachers and social workers accused and arrested in the Bhima Koregaon case continue to languish in jail.
Read more

Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)
● Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)
● As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Sudha Bharadwaj restarts law practice after 3 years in prison

21/10/2022 Asha

Hindustan Times / by Gautam S. Mengle

When she was released on conditional bail in the Bhima Koregaon case, for which she spent over three years in jail, one of the first things Sudha Bharadwaj asked her daughter to send from her home in Bilaspur were her black coat and her lawyer’s sanad.
Her black lawyer’s coat hangs from the back of her chair, the computer on the table has multiple windows open – the websites of various courts in Maharashtra – and a stack of handwritten letters await her attention.
Read more (for HT subscribers only)

by Kavita Srivastava (Oct 21, 2022):

Also watch/read:

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

● Sudha Bharadwaj speaks – A Life in Law and Activism

Publisher: Peoples Union for Civil Liberties (PUCL)
Edition: January 2021
Language: English
Sudha Bharadwaj’s interview by: Darshana Mitra and Santanu Chakraborty
Pictures credit: PUCL
Cover Design / Layout: Vinay Jain
Paperback: 316 pages
Access a free PDF copy of the book here:
Sudha_Bharadwaj_speaks (2,1 MB)

Securing the right to health of political prisoners

19/10/2022 Asha

The Leaflet / by Rohin Bhatt

It is time that the right to health becomes a reality, in letter and spirit to every person, irrespective of their incarceration status. This will have to be done through a wide scale, public health campaign, and rapid recruitment of qualified doctors with training in evidence-based medicine that can provide adequate care to prisoners.
It has been good law in India since Bandhua Mukti Morcha versus Union of India (1983) that the right to health is a fundamental part of right to life under Article 21 of the Constitution…
However, what happens when you are a political prisoner in India? These rights are vitiated, and the process becomes the punishment.
Read more

Also read/watch:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Stop Denying Political Prisoners the Right to Healthcare in Jails (Peoples Union for Democratic Rights / Sep 2022)
● Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20, 2022)

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022