Better take complete bed rest if you are suffering: NIA court rejects Surendra Gadling’s plea for walks outside prison

MUMBAI: The special NIA (National Investigation Agency) court rejected a plea filed by activist-lawyer Surendra Gadling, 57, seeking permission to take morning and evening walks outside his prison cell circle within Taloja jail premises. The lawyer, who was arrested in connection with the Elgar Parishad-Bhima Koregaon violence case, said he suffered from various ailments. In response, the court on Tuesday said if he really suffered, then he should take bed rest.

The Elgar Parishad of December 31, 2017, to commemorate 200-years of the battle of Bhima Koregaon, a significant historical event for the Dalit community, is under investigation for allegedly being organised by banned Naxalite groups. Its attendees are under investigation for their links to Naxalite groups, as well as for instigating the violent riots that occurred the following day in Pune, which claimed one life and caused widespread destruction of property. The NIA took over the case from Pune police, and charged 16 arrested activists, including Gadling, on charges of sedition, attempting to overthrow the government, and under provisions of the anti-terror Unlawful Activities Prevention Act, 1967 (UAPA).

The 57-year-old lawyer had sought permission from the jail authorities to allow him to take morning and evening walks, contending that he suffers from heart disease, sugar, abnormal blood pressure, lumber disc disease, and cervical spondylitis, frozen shoulder, ruptured ligament, arthritis among others. Advocate Sumit Gadling, son of the accused, said the doctors advised his father to take walks due to deficiency of Vitamin D3 and Vitamin B12. “The doctor asked him to consume sunlight in general walks for blood pressure and sugar related issues. Despite taking supplements, the condition was not improving,” he said.

Special NIA judge Chakor Bawiskar, however, felt that if the 57-year-old really suffered from so many ailments, it would be better for him to take complete bed rest. “If at all the accused is suffering from such ailments, it is difficult to digest that he can walk for two hours daily,” the judge said, while rejecting Gadling’s plea. “If the applicant/accused is not exaggerating his ailments, then, he would do better by taking complete bed rest than walking two hours, that too, daily. Such a heavy walk may prove harmful for his heart condition, lumber and cervical spondylitis, ligament rupture, and arthritis,” the court added.

The jail authorities submitted that there is sufficient space within the prison cell circle with natural air and light. The other inmates use this space for doing exercise, yoga, and walking. The special court found substance in the submissions made and said the accused can also use the same space for his walks. “There is no reason to treat the accused differently,” the court said.

Along with his plea application, Gadling had attached satellite image of the jail premises, which were screenshots from google map, to show them the area he wants to walk in. The jail authorities claimed this was a breach of prison rules and that “such things are usually done by terrorists and anti-national elements.” Hearing this, the court granted jail authorities the liberty to take “appropriate legal course” against Gadling for taking two photographs of the jail with the help of a Google tool.