2 Elgar accused move HC, seek regular production of undertrials in courts

MUMBAI: Advocate Surendra Gadling and Kabir Kala Manch activist Sagar Gorkhe, arrested in connection with the Ekgar Parishad-Bhima Koregaon conspiracy case and lodged in Taloja jail in Navi Mumbai, have moved the Bombay high court, seeking directions to ensure the regular production of undertrial prisoners in the jail in respective trial courts.

“Depriving prisoners the opportunity for physical presence in courts undermine their rights and the essential human dignity they deserve,” the petition said, providing details of 305 undertrial prisoners lodged in Taloja jail who were not being produced before the trial courts on due dates.

Taloja has over 2,600 undertrial prisoners, many of them from poor, marginalised backgrounds and in many cases, the only earning members of their family, the petition said. It cited a government resolution allocating 239 police guards to escort Taloja inmates to various courts and hospitals, and alleged that the reserves police inspector of Kalamboli could fulfil only 22-42% of the requirement as guards were diverted for VIP, VVIP bandobast, festivals and other occasions.

This violated the fundamental right of inmates to a speedy trial, the petition contended. When undertrial prisoners are not produced in court, it takes a toll on their mental and physical health – such prisoners have no means to “know what transpired during the court dates, nor do they know when the next court date is...A feeling pervades that they are treated as second class citizens, deprived of their basic fundamental rights,” the petition said.

The irregular production of accused in courts affect interaction between them and their lawyers, it further stated. Such communication is not possible over video-conferencing because there is no privacy, which is essential in lawyer-client conversations, and also due to frequent technical and connectivity problems.

The petitioners urged the court to pass directions to ensure that the 239 guards reserved for production of Taloja inmates in courts are not diverted for any other purpose. They requested the court to take appropriate action against the Navi Mumbai police commissioner and the reserves police inspector of Kalamboli for not following the government resolution which mandates that guards meant for escorting prisoners must not be diverted for other activities.

Bhima Koregaon case accused lodged in Taloja jail have raised the issue of lack of production in court earlier as well. In October last year, they went on a hunger strike after jail authorities failed to produce them in court. They have also filed multiple complaints and staged protests over the non-production of undertrials in court.