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BK16 Relatives Flag Prison Authorities’ ‘Criminal Negligence’ of Undertrials / Custodial Violence, Judicial Negligence & State Apathy

BK16 Relatives Flag Prison Authorities’ ‘Criminal Negligence’ of Undertrials / Custodial Violence, Judicial Negligence & State Apathy

NewsClick / by Relatives and Representatives of the BK16; NewsClick

The relatives and representatives of the accused persons in the Bhima Koregaon case have released a statement drawing attention to the deteriorating health of several undertrials – including Vernon Gonsalves – and the brazen negligence of the prison authorities...

Statement:
In yet another act of criminal negligence, the prison authorities of Taloja Central Jail, Maharashtra, have delayed medical treatment for Vernon Gonsalves, a prominent activist and one of the accused in the Bhima Koregaon – Elgar Parishad case.
Gonsalves, who is 65 years old, fell ill with fever on August 30th, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail, for almost a week. After much pleading, he was taken to JJ hospital on September 7 and was given oxygen support. However, instead of continuing his treatment, he was callously brought back to jail where his condition continued to worsen. It is only after his lawyer and wife, Susan Abraham, approached the court and obtained an order, that the prison authorities finally admitted him to the emergency ward of JJ hospital, where he is still under treatment.

Read full statement


Video: Custodial Violence, Judicial Negligence and State Apathy

12/09/2022

en │ 52min │2022

By The Polis Project

On 5 October 2020, Atikur Rahman, journalist Siddique Kappan, student Masood Ahmad, and taxi driver Mohammad Alam were arrested in Mathura, in Uttar Pradesh in, India They were on their way to meet the family of a Dalit woman who was raped and murdered by a group of men from the dominant caste in Hathras…
The denial of medical treatment and bail must be seen as a part of a larger pattern of abuse of power directed toward dissenters and political prisoners in India. On 5 July 2021, 84-year-old Jesuit priest and human rights defender Father Stan Swamy died in judicial custody at the Holy Family Hospital in Mumbai, India.
Watch video


► Also read/listen: Bhima Koregaon, COVID-19 And Custodial Apathy In Jails / Audio + Press Release (May 2021)

PUDR: Stop Denying Political Prisoners the Right to Healthcare in Jails / Statement by USCIRF

PUDR: Stop Denying Political Prisoners the Right to Healthcare in Jails / Statement by USCIRF

Stop Denying Political Prisoners the Right to Healthcare in Jails

10/09/2022

By Peoples Union for Democratic Rights (PUDR)

Sep 10, 2022
On  8th September Vernon Gonsalves,  one of the 16 undertrials in the Bhima Koregaon case lodged in the anda cell of Taloja Central  Jail, was diagnosed with dengue and likely pneumonia.  Gonsalves age 65, had been suffering from fever since 30th August, but it took an appeal from his lawyer and the intervention of the Court for the Taloja Jail authorities to shift him to JJ Hospital for treatment. The fact that he was immediately put on oxygen support at the hospital, points to the apathy of the Jail authorities regarding the health of prisoners lodged in their custody.
The incident marked the two month anniversary of the Special Court rejecting Gautam Navlakha’s petition for a mosquito net. On 20th May the jail authorities had confiscated the mosquito nets of some inmates housed in the anda cell. Sagar Gorkhe and several others had gone on hunger strike expressing apprehensions about contracting malaria and dengue as Taloja is infested by mosquitos. The abysmal jail facilities and hostility of jail staff added to these fears which have all come true.
Read full statement


by The United States Commission on International Religious Freedom (Sep 9):
+++ USCIRF Vice Chair Abraham Cooper: “We are relieved 65-year-old Dalit rights activist Vernon Gonsalves was finally able to receive medical care after being wrongfully denied it for over a week despite the severe deterioration of his health.” ++
+++ USCIRF Commissioner @StephenSchneck: “Medical neglect of prisoners of conscience like Gonsalves & others arrested in the Bhima Koregaon case continues despite the inhumane death of Father Stan Swamy. Pre-trial detention cannot be a de facto death sentence.” ++


Also read:
NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)
Hunger Strike unto death against the harassment from Taloja Central Jail’s apathetic administration (By Sagar Gorkhe / May 20)

Mumbai Court rejects regular bail plea of Gautam Navlakha [read order]

Mumbai Court rejects regular bail plea of Gautam Navlakha [read order]

Documents seized from Gautam Navlakha show link between him and Elgar Parishad case: NIA court

07/09/2022

Times of India / by Rebecca Samervel

In a detailed order denying bail to activist Gautam Navlakha (69) in the Elgar Parishad case, the special NIA court said the documents alleged to have been seized from his possession showed a nexus between him with the case.
In the five-page order, special judge Rajesh J Katariya said it was contended by the National Investigation Agency (NIA) that Navlakha was found in possession of incriminating documents related to CPI (Maoist).
Read more


Offence serious, ample evidence: Court rejects bail plea of activist in Elgar Parishad case

07/09/2022

India Today / by Vidya

A special National Investigation Agency (NIA) court rejected the bail application of journalist-activist Gautam Navlakha, arrested in April 2020, in connection with the Elgar Parishad case.
… Special Public Prosecutor Prakash Shetty and advocate Vishal Goutham had submitted that “Navlakha is a member of CPI (Maoist) and he was in possession of incriminating documents related to CPI (Maoist), accessible exclusively to party members. He was actively involved in the activities of ‘Coordination of Democratic Rights Organisation (CDRO) and used to receive group emails.”
Read more


Mumbai Court rejects regular bail plea of Gautam Navlakha [read order]

05/09/2022

Bar & Bench / by Neha Joshi

A Mumbai Court today rejected the regular bail application filed by Delhi activist Gautam Navlakha who is one of the accused in the 2018 Bhima Koregaon case.
Navlakha, who is human rights activist and former secretary of People’s Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.
Read more


Bhima Koregaon case: Gautam Navlakha’s bail plea rejected by special NIA court

05/09/2022

Scroll.in / by Scroll Staff

The 71-year-old activist was arrested on August 28, 2018 for his alleged involvement in the case.
A special National Investigation Agency court on Monday rejected a bail application filed by activist Gautam Navlakha in the Bhima Koregaon case, PTI reported.
Special Judge Rajesh J Katariya rejected his plea. The detailed order has not been made public yet.
Read more


Special NIA Court Rejects Gautam Navlakha’s Bail Plea

05/09/2022

The Wire / by The Wire Staff

The 70-year-old activist has additionally appealed to the Supreme Court against a Bombay HC order dismissing his plea to allow him to be in house arrest instead of at Taloja prison.
A special NIA court in Mumbai on Monday, September 5, rejected the bail plea of activist Gautam Navlakha, in jail since 2018 over what the agency believes is his connection with the Elgar Parishad case.
Read more

Justice S Ravindra Bhat recuses from hearing plea by Gautam Navlakha

Justice S Ravindra Bhat recuses from hearing plea by Gautam Navlakha

Gautam Navlakha

Justice S Ravindra Bhat recuses from hearing plea by Gautam Navlakha

29/08/2022

Bar & Bench / by Debayan Roy

CJI UU Lalit said that the matter might be listed before a bench headed by Justice KM Joseph.
Justice S Ravindra Bhat of the Supreme Court on Monday recused from hearing a plea filed by Bhima Koregaon accused Gautam Navalakha seeking that he be placed under house arrest instead of being lodged in jail [Gautam Navlakha vs National Investigation Agency and anr].
Read more


SC judge recuses himself from hearing plea by activist Gautam Navlakha

29/08/2022

Scroll.in / by Scroll Staff

The activist has demanded that he should be placed under house arrest instead of being lodged in prison.
A Supreme Court judge on Monday recused himself from hearing a petition filed by jailed activist Gautam Navlakha demanding that he should be placed under house arrest, Bar and Bench reported.
Read more


Gautam Navlakha appeal to be heard by Supreme Court on Monday

28/08/2022

Bar & Bench / by Bar & Bench

… Navlakha has moved the top court against Bombay High Court judgment dismissing his plea to be transferred from Taloja Prison and placed under house arrest instead.
Navlakha, who is human rights activist and former Secretary of the People’s Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.
Read more


Also read:
Supreme Court directs trial court to expeditiously frame charges and decide discharge pleas (The Leaflet / Aug 2022)
Bombay HC Judge Justice Revati Mohite Dere recuses from hearing plea by accused (Bar & Bench / June 2022)

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

poster by @/bakeryprasad

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

19/08/2022

The Wire / by pti

With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.
In the case that is being probed by the National Investigation Agency (NIA), of the total 16 arrested accused, Jesuit priest Stan Swamy died at a private hospital here last year during judicial custody, while Telugu poet Varavara Rao is currently out on medical bail. Only one accused – Sudha Bharadwaj – is out on regular bail.
Read more


Also read:
Who’s who of those arrested and the developments in the case pertaining to each (The Leaflet / June 2022)
As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice / ED Wants to Probe Elgar Parishad Case

Surendra Gadling seeks time to reply to ED’s notice to record his statement

31/07/2022

The Leaflet / by Sarah Thanawala

Arun Ferreira files application to seek production of order on the seizure of emails; Gautam Navlakha gives rejoinder to NIA’s arguments against his bail application
On July 28, the Enforcement Directorate (‘ED’) approached the special National Investigation (‘NIA’) court, presided by Special Judge Rajesh Kataria, seeking permission to record human rights lawyer and Dalit rights activist Surendra Gadling’s statement for his alleged connection with money laundering.
Read more


ED moves NIA Court to question accused Surendra Gadling in money laundering case

30/07/2022

Bar & Bench / by Satyendra Wankhade

The Special NIA Court has granted time to Gadling to respond to ED’s application by August 10.
A special court in Mumbai on Friday granted Surendra Gadling – one of the accused in the Bhima Koregaon case — time to reply to the application filed by the Enforcement Directorate (ED) seeking to record his statement in connection with a money laundering case registered by the agency last year in which he is allegedly a prime suspect.
Read more


ED To Investigate Bhima Koregaon Accused For Money Laundering, Seeks Permission To Record Surendra Gadling’s Statement

30/07/2022

Live Law / by Sharmeen Hakim

Over four and a half years after the Bhima Koregaon – Elgar Parishad caste violence incident, the Enforcement Directorate is pursuing money laundering proceedings against certain civil liberties activists accused in the case.
The ED has approached the Special Court in Mumbai seeking permission to record accused Advocate Surendra Gadling’s statement under section 50(2) of the PMLA Act regarding an ECIR registered last year.
Read more


Now, ED Wants to Probe Elgar Parishad Case, Accuses Surendra Gadling of ‘Money Laundering’

29/07/2022

The Wire / by Sukanya Shantha

The central agency has sought permission from a court in Mumbai to investigate into the enforcement case information report (ECIR) registered against the activist in March 2021.
The Enforcement Directorate on Thursday, July 28, moved an application before a special court seeking permission to question Surendra Gadling, one of the activists jailed in the Elgar Parishad case, in connection with an enforcement case information report (ECIR) registered against him in March 2021.
The Nagpur-based human rights activist has already been in jail for four years and will now be probed by ED in a “money laundering” case.
Read more


Enforcement Directorate seeks to record Surendra Gadling’s statement

29/07/2022

The Indian Express / by Sadaf Modak

The ED approached a special court stating that the investigators want to record his statement in jail and sought permission for it. The court issued notice to Gadling to reply to ED’s plea. It is likely to be heard on Friday.
Read more

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.
Read more


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.
Read more


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.
Read more


Also read:
● NIA court rejects plea to use mosquito nets in prison (The Leaflet / July 2022)

CPJ calls on EU to hold India to account for media clampdown

CPJ calls on EU to hold India to account for media clampdown

Committee to Protect Journalists (CPJ) / by CPJ

The Committee to Protect Journalists on Wednesday called on the European External Action Service to hold Indian authorities accountable for widespread and severe press freedom violations when they meet for the annual India-EU Human Rights Dialogue on Friday, July 15 …
Gibson also called on the EU to press India for action on the following press freedom violations and attacks on journalists documented by CPJ:
▪ The ongoing pretrial detention of Gautam Navlakha, Anand Teltumbde, Siddique Kappan, and Manan Dar under India’s draconian anti-terror Unlawful Activities (Prevention) Act. 
Read more


Also read:
For the second consecutive year, India drops on freedom score (The Hindu / March 2022)
Freeedom in The World 2022: The Global Expansion of Authoritarian Rule (Freedom House / Feb 2022, booklet)

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.
Read more

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.
Read more


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.
Read more


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.
Read more


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.
Read more


Also read:
● As Sagar Gorkhe announces fast unto death, Gautam Navlakha approaches NIA court seeking mosquito net (The Leaflet / May 2022)