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Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?

Bhima Koregaon Accused (BK16) | 1 Dead, 1 on House Arrest, 3 on Bail: What of the Rest?

poster by @/bakeryprasad

The Quint / by Rohini Roy

The remaining 11 continue to languish in jail — Who are they and what is the status of the case against them?
Anti-caste writer Anand Teltumbde, who walked out of jail on Saturday, 26 November, after he was granted bail on merits in connection with the Bhima Koregaon-Elgar Parishad case said:
“I am definitely happy. It has been 30 months that I have been in prison. The sad part, however, is that we had to spend time in jail after being booked in a fake case.”
In the same case, two others, poet Varavara Rao and lawyer-activist Sudha Bharadwaj – were granted bail earlier due to different reasons, while academic Gautam Navlakha was allowed house arrest on health grounds by a 19 November Supreme Court order.
Read more

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

Securing the right to health of political prisoners

Securing the right to health of political prisoners

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


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

The plight of jailed activists in ‘police state’

The plight of jailed activists in ‘police state’

Delhi. Oct 8, 2022

The Telegraph / by Pheroze L. Vincent

Try hugging your child with one arm
Political leaders on Saturday shared the stage with relatives and friends of activists imprisoned in terror cases, listening to how bail remained a mirage for years and police prevented the accused even from hugging their children in court.
Besides the release of their loved ones, most of the speakers demanded a repeal of the Unlawful Activities Prevention Act (UAPA) which made bail difficult to obtain, and alleged that an “undeclared emergency” had turned the country into a “police state”.
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Also read:

Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

Vernon Gonsalves

Vernon Gonsalves is recovering, not pressing for medical bail, says his wife

17/09/2022

Scroll.in / by Scroll Staff

Susan Abraham said the counsel sought access to his medical records and asked the authorities to not discharge the activist from the hospital prematurely.
Activist Vernon Gonsalves’ wife on Monday said that he is recovering at the state-run JJ Hospital in Mumbai and they are not pressing for his medical bail at the moment.
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Vernon Gonsalves bail plea to be heard on September 16

14/09/2022

The Hindu / by Special Correspondent

He was admitted to the hospital on September 8 and is currently undergoing treatment for dengue.
The National Investigation Agency (NIA) court will hear activist Vernon Gonsalves’s bail on September 16 as he continues to be on oxygen support at the State-run J.J. hospital.
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Court seeks Vernon Gonsalves’s medical report from JJ Hospital

14/09/2022

The Times of India / by TNN

A special trial court on Tuesday called for a report on an affidvait from state-run J J Hospital on the health condition of Elgar Parishad case accused Vernon Gonsalves who was admitted there last week after being diagnosed with dengue.
Read more

Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
● Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’ (Counterview / Sep 2022)

PEN America: RELEASE WRITER VERNON GONSALVES, AS HIS HEALTH WORSENS

PEN America: RELEASE WRITER VERNON GONSALVES, AS HIS HEALTH WORSENS

By PEN America

Advocates Call for Better Medical Care for Gonsalves, who Suffers from Dengue, and Others Held in Prison

September 14, 2022
Ahead of a bail hearing on Sept. 15, PEN America is calling for the immediate release from prison of Indian writer Vernon Gonsalves, due to his worsening health. Gonsalves is suffering from dengue as a result of his detention at Taloja Central Jail. PEN America urged authorities to release other writers and activists held in prison and to improve medical care for all prisoners. 
Read full statement

Gautam Navlakha approaches court again seeking mosquito net in prison

Gautam Navlakha approaches court again seeking mosquito net in prison

Seeking court’s permission to use a mosquito net !

15/09/2022

madhyamam / by Editorial Desk

Most people will remember that two years ago, an elderly man had to approach the court to seek access to a straw to drink water in prison because he suffered from tremors. Fr Stan Swamy was in jail for leading legal battles for the rights of tribal communities. His punishment included the denial of the basic right to drinking water comfortably… Prominent human rights activist and journalist Gautam Navlakha is a trial prisoner in the same Elgar Parishad case in which Stan Swamy was accused and arrested. Two days ago, Navlakha approached a special NIA court for permission to use mosquito nets in the jail.
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Gautam Navlakha approaches court again seeking mosquito net in prison

14/09/2022

Scroll.in / by Scroll Staff

He filed the application in court days after another accused person, Vernon Gonsalves, contracted dengue in jail.
In his plea, Navlakha told the court that the area in which the Taloja jail in Navi Mumbai is located is prone to dengue and malaria. “The applicant [Navlakha] is very troubled due to the influx of mosquitoes at the prison and is unable to sleep at night even after using mosquito repellents,” the plea added.
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Gautam Navlakha approaches court again seeking mosquito net

13/09/2022

The Indian Express / by Sadaf Modak

Navlakha’s application filed through lawyers Wahab Khan and Chandni Chawla said that despite these directions passed by the court, Gonsalves contracted dengue and has been unwell since August 31. Gonsalves is currently admitted at state-run J J Hospital.
Days after his co-accused in the Elgaar Parishad case, Vernon Gonsalves, contracted dengue in Taloja Central Jail, activist Gautam Navlakha again approached court seeking a mosquito net. Over the past few months, undertrials at the prison and jail authorities have faced-off over lack of mosquito nets in the prison. In May, jail authorities seized mosquito nets of undertrials stating that the strings and nails used to tie the nets can be a security risk…
Meanwhile, the special court will hear Gonsalves’ application for temporary bail on medical grounds on Friday. The court on Tuesday received a report from JJ Hospital where he is admitted.
Read more

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, 2022)

‘No cop was free to take Vernon Gonsalves to JJ hospital due to fest’ / Jailers’ apathy?

‘No cop was free to take Vernon Gonsalves to JJ hospital due to fest’ / Jailers’ apathy?

‘No cop was free to take Vernon Gonsalves to JJ hospital due to fest’

13/09/2022

Times of India / by TNN

Taloja jail authorities have said Elgar Parishad case accused Vernon Gonsalves who tested positive for dengue on September 7 after several days of fever could not be admitted that day since there was no police escort due to Ganeshotsav and he was admitted to state-run JJ hospital on September 8 with an escort.
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Jailers’ apathy? Political prisoners’ right to life in India is ‘almost non-existent’

13/09/2022

Countercurrents / by By Deepika Tandon, Shahana Bhattarcharya (PUDR)

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.
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Medical treatment was provided to activist Vernon Gonsalves in jail, NIA court told

12/09/022

MidDay / by pti

The activist (65), who was in judicial custody and lodged at the Taloja jail in neighbouring Navi Mumbai, was on September 8 admitted to the state-run JJ Hospital, where he is undergoing treatment for dengue.
Activist Vernon Gonsalves, an accused in the Elgar Parishad-Maoist links case, was under constant medical treatment in jail once his ill health came to light and before he was diagnosed with dengue and admitted to a government hospital, prison authorities told a special NIA court here on Monday…
The activist’s plea for temporary bail on medical grounds is likely to be heard by the court on Tuesday.
Read more

Also read:
● Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)

MRSD: Release Activist Vernon Gonsalves on immediate Medical bail

MRSD: Release Activist Vernon Gonsalves on immediate Medical bail

By Mumbai Rises to Save Democracy

PRESS STATEMENT
Statement by Mumbai Rises to Save Democracy – a campaign of 40+ civil society groups

MRSD is distressed to learn about the health situation of 65 year old activist, poet, and writer Vernon Gonsalves, incarcerated since 2018 in the Bhima Koregaon/Elgar Parishad case. Gonsalves started developing several symptoms, such as fever, cough, dizziness, and nausea starting on August 30, as per the affidavit filed by his lawyers in Court. However, his health condition was met with neglect and it was only after pleading several times that he was finally taken to the state-run JJ hospital on September 6. Instead of continuing his treatment there, he was taken back to jail the same day. Upon hearing about this from other co-accused, Gonsalves’ lawyers and family members moved the NIA court seeking temporary bail on medical conditions. During the hearing, the lawyers told the Court that apart from Dengue, he may also be suffering from Pneumonia. …

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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)