Bhima Koregaon: Gautam Navlakha moves Bombay HC for house arrest citing lump in chest

Bombay HC Image Courtesy:freepressjournal.in

The Bombay High Court Bench of Justices SS Shinde and NJ Jamadar have issued a notice on a fresh petition filed by senior journalist and human rights defender Gautam Navlakha, who has requested that he be kept under house arrest pending trial in the Bhima Koregaon violence case.

He has also sought to be transferred out of Taloja Central Prison, citing a lump in his chest, and great hardship owing to the alleged denial of basic medical and other necessities in Taloja. A few days ago, the Special NIA court’s Judge D E Kothalikar dismissed his bail plea, along with Anand Teltumbde, on grounds that the Covid-19 situation is under control and that the prison hospital can take care of their medical needs.

The 70-year old’s petition reads, “Taloja is sorely lacking in infrastructure and manpower and incapable of caring for ailing and elderly inmates such as the petitioner,” reported LiveLaw. Navlakha has relied on the Supreme Court decision while refusing him default bail in May 2021.

The Supreme Court had held, “We observe that under Section 167 in appropriate cases it will be open to courts to order house arrest. As to its employment, without being exhaustive, we may indicate criteria like age, health condition and the antecedents of the accused, the nature of the crime, the need for other forms of custody and the ability to enforce the terms of the house arrest.” (Gautam Navlakha vs National Investigation Agency Crl. App. No. 510 of 2021)

His plea states that the lump is worrisome considering the history of cancer in his family. His petition also complains that despite repeated oral and written requests, he has not been taken to a hospital for a check-up. It states, “Because of the negligence and stubborn refusal of officials of Taloja Prison the ailments and medical concerns of inmates go undiagnosed and untreated for long periods of time”, reported LiveLaw. He added that despite the court’s directions, prison officials deny inmates essential items such as a chair and slippers.

Navlakha’s lawyer Yug Chaudhary argued today, on September 2, that the lump in his chest which developed in March 2021, requires investigation to rule out cancer, and he should be taken to Jaslok hospital for the same. The Chief Public Prosecutor, appearing for the Maharashtra government however, argued for Tata Memorial Hospital.

Additional Solicitor General, Anil Singh appearing for NIA, contended that now, applications are filed asking for any hospital of the choice of the accused, but government hospitals are good enough. LiveLaw quoted him saying, “This (prayer for treatment at Jaslok) is not in the petition. I want to mention only one thing, applications are now filed saying I want to go to so and so hospital…The government hospitals are good enough…We are not saying he is not entitled to treatment. He can be taken to Tata.”

Navlakha’s counsel argued, “This is vindictiveness. What is the problem? People have to beg for the smallest of things in jail. What responsiveness… Just see. He wanted a chair; they didn’t give it.” Chaudhary argued that Gautam Navlakha’s sister works at Jaslok as a nurse and can take care of him. ASG Singh argued that he did not oppose Gautam’s plea, despite him not specifically seeking treatment in Jaslok.

Further, the court placed on record the statement of Public Prosecutor, Sangeeta Shinde who said that Navlakha will be taken to Tata Institute at Kharghar for a medical check-up on September 3. The Bench has also directed NIA to file its reply within 2 weeks.

The matter has been posted for September 27.

The order may be read here: