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Urgent Medical Attention and bail for student activist, Atiq-ur-Rehman: Citizens

Tue, 20 Sep 2022 12:14:37 +0000

Sept 20, 2022: More than 35 concerned citizens and representatives of civil liberties’ organisations in India have sought the urgent intervention of the authorities in Uttar Pradesh to ensure quality health care and medical bail for jailed student leader Atiq-ur-Rehman, struggling with partial paralysis and disorientation after a heart surgery. In a statement, the signatories, who included academics, members of civil liberties and people’s organisations, journalists, lawyers, rights activists, student leaders and authors, expressed their unease at the manner in which Atiq-ur-Rehman, allegedly accused in the Hathras conspiracy case, 2020, is being denied timely and appropriate medical treatment and care. Atiq-ur-Rehman’s bail application comes up for hearing tomorrow.

The statement points out that the deaths in judicial custody of Fr Stan Swamy, charged in the Bhima Koregaon Conspiracy case and Pandu Narote serving life sentence in Nagpur Jail, were a grim reminder of the fatal neglect of the right to health of those incarcerated. There was enough evidence of the callous indifference of the state to the medical condition of other accused in the Bhima Koregaon case, like Vernon Gonsalves and Gautam Navlakha and of Prof G N Saibaba, also serving a life sentence in Nagpur jail.

The statement pointed out that the treatment of Atiq- Ur Rehman violates both the UN Standard Minimum Rules for the Treatment of Prisoners (Also known as the Nelson Mandela Rules) as well the right to health for all persons guaranteed under the Constitution. The relevant part of Rule 27 of the Nelson Mandela rules states:

All prisons shall ensure prompt access to medical attention in urgent cases. Prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals.

They demanded urgent medical attention to Rehman and said that the State must fulfil their constitutional responsibility to health care, the right to dignity and the right to life itself. The state and its agencies must ensure a prisoner’s right to health and comply with provisions of both Article 21 of the Indian Constitution as well as the Nelson Mandela Rules with respect to all prisoners.

Signatories to the statement include V. Suresh (General Secretary), People’s Union for Civil Liberties (PUCL), Annie Raja, General Secretary, National Federation of Indian Women (NFIW), Medha Patkar, Narmada Bachao Andolan (NBA) and NAPM, Harsh Mander, Writer and Peace Activist, Fr. Frazer Mascarenhas, S.J.- Academic Administrator, Mihir Desai, Sr. Advocate and PUCL Maharashtra, Henri Tiphagne, People’s Watch, Tamil Nadu, Kavita Krishnan, Writer and Marxist Feminist Activist, Apoorvanand, Columnist and Academic, Kavita Srivastava, President, PUCL Rajasthan, Ravi Kiran Jain (President), PUCL, Aakar Patel, Columnist, Brinelle D’ Souza, academic and activist, Mumbai, Fr. Cedric Prakash, Writer and Human Rights Worker, Gujarat, Madhuri, Jagrit Adivasi Dalit Sangathan (JADS) and PUCL, Madhya Pradesh , Nandini Sundar, Writer and Academic, Anuradha Talwar, Paschim Banga Khet Majur Samity (PBKMS), West Bengal , Arundhati Dhuru, National Alliance of People’s Movements (NAPM), Uttar Pradesh, Prasad Chacko, Social Worker, Gujarat, VS Krishna and Gutta Rohit, Human Rights Forum, Andhra Pradesh, Arvind Narrain, Advocate, President, PUCL Karnataka , Bela Bhatia, Human Rights Lawyer and writer, Meera Sanghamitra, NAPM Telangana and Meha Khanduri, Human Rights Defenders Alert, Lara Jesani, Advocate and PUCL Maharashtra, John D’ Souza, Film Maker, Anuradha, Saheli, Delhi and Clifton D’ Rozario, All India Lawyers Association for Justice (AILAJ).

The entire statement may be read here:

Ensure that Atiq-Ur Rehman is released on medical bail and provided the best health care!

September, 2022:

We, the undersigned civil liberties organizations and individuals concerned about human rights, express our deep unease at the manner in which the jailed 28-year-old student leader Atiq-ur-Rehman, allegedly accused in the Hathras conspiracy case, 2020, is being denied timely and appropriate medical treatment and care, rendering him partially paralysed and disoriented. We fear that any further delay in providing optimum health care to him which is the constitutional responsibility of the state, will result in a deterioration of his condition and cause irreparable damage to him.

The fact that Fr Stan Swamy of the Bhima Koregaon Conspiracy case and Pandu Narote serving life sentence in Nagpur Jail, died while in judicial custody is a grim reminder of what neglect of the right to health in prisons can lead to, namely the very extinguishment of the right to life under the Indian Constitution.

Rehman, the former treasurer of Campus Front of India (CFI), was arrested by Uttar Pradesh (UP) police on Oct 5, 2020, while travelling to Hathras with journalist Siddique Kappan, who was proceeding to cover the heinous gangrape and murder of a Dalit woman.

At the time of his arrest, he was one month from a heart surgery for a serious medical condition. Rehman is a patient of aortic regurgitation, a condition of the heart in which the aortic valve does not close tightly, which may result in some of the blood pumped by the heart to leak backwards.

Post his arrest it was only after repeated petitions before the Court, over a year after his arrest in November of 2021, that he was finally allowed to travel to All India Institute of Medical Sciences (AIIMS) to have the heart surgery. However, post his surgery he was shifted back to jail.

Since his return to jail his health condition has steadily worsened. His wife told a news outlet “He can’t move his left side, and he is even struggling to recognize me. He sometimes remembers who I am but then soon forgets again. It’s a very scary situation,”

His family alleges that his condition has worsened due to a lack of post-surgery medical care in prison. As per his father-in-law, Shekhawat, “Since it’s a serious ailment, there needs to be regular follow-ups with the doctor, maintenance of hygiene in the jail, dietary restrictions that had to be met. None of this was taken care of,”

With respect to his worsening health condition, on Aug 28, 2022, an application was filed before the Special court requesting directions for providing “procedural medical check-up/treatment and further medical advice in AIIMS New Delhi in accordance with the medical advice in the interest of justice”. The Special Court directed the jail authorities to do the needful as per the jail manual. Pursuant to the Court’s direction, the Lucknow district jail authorities moved Atiq-Ur Rehman to Lucknow’s King George’s Medical University (KGMU) hospital. On Sept 06, 2022, the special judge of the PMLA court has sought all the latest medical reports and the medical status from the jail. The matter has now been posted for further hearing to Sept 16, 2022.

We would like to state that the treatment of Atiq- Ur Rehman violates both the UN Standard Minimum Rules for the Treatment of Prisoners (Also known as the Nelson Mandela Rules) as well the right to health for all persons guaranteed under the Constitution.

The relevant part of Rule 27 of the Nelson Mandela rules states:

The standards of healthcare prescribed under the United Nations Standard Minimum Rules for Treatment of Prisoners (Nelson Mandela Rules) 2015, must be applicable to all prisoners including Atiq Ur Rehman. These rules were relied upon in the case of Re: Inhuman conditions in 1382 prisons, (AIR ONLINE 2017 SC 486), by the Supreme Court to pass directions regarding conditions of prisons, while noting “These rules provide useful internationally accepted guidelines for implementation by prison administration across the country”. The Supreme Court went on to observe that ‘…we are clearly of the view that Article 21 of the Constitution cannot be put on the back burner and as mentioned in the Mandela Rules even prisoners are entitled to live a life of dignity.’

We would further like to note that a catena of Supreme Court cases has repeatedly reiterated the point that a prisoner does not lose his right to dignity or more fundamentally his right to life on entering prison.

By denying Atiq-Ur Rehman, the right to an appropriate level of medical care, which has resulted in a deterioration of his health, the prison administration is denying him his constitutional right to health care, dignity and imperiling the most fundamental of rights, the right to life itself.

It is the responsibility of the state and its agencies – the police, the judiciary and the jail authorities – to ensure the safety and security of all those in custody, whether undertrials or convicted prisoners. Their health and wellbeing must be protected and the failure to do so is a clear indication of the failure of the State, as the custodian, to fulfil its constitutional responsibility to its citizens.

The Government of Uttar Pradesh, to take forward the true meaning of Azadi ka Amrit Mahotsav, must implement the post-colonial Nelson Mandela Rules as well as the guarantee of the right to health under Article 21 and treat prisoners as human beings entitled to the full right to dignity and the right to ‘prompt access to medical attention’ and immediately ‘transfer’ Atiq- Ur- Rehman to the ‘specialized institution’ where he underwent the surgery, namely AIMS. That would be in keeping with the requirement of Rule 27 of the Mandela Rules. It would also be in keeping with the mandate of the Indian Constitution and ensure the ‘minimum standard’ which is his due as an Indian citizen, namely the protection of his right to life under Article 21.

Sadly, the neglect of Atiq Ur Rahman’s health by the jail authorities is only emblematic of the neglect of the right to health of all prisoners. In recent times this sad reality of a callous state indifference is seen in the treatment of Vernon Gonsalves, Prof G N Saibaba and Gautam Navalakha.

Vernon Gonsalves was suffering from dengue which was not diagnosed by the jail authorities in time requiring oxygen support in hospital. This denial of appropriate and prompt medical care is also violative of Rule 24 of the Mandela Rules which states:

The provision of health care for prisoners is a State responsibility. Prisoners should enjoy the same standards of health care that are available in the community, and should have access to necessary health-care services free of charge without discrimination on the grounds of their legal status.

Gautam Navalakha still continues to petition the court for a mosquito net to ensure protection from dengue which is prevalent in Taloja Jail. The fact that the authorities have not given him a mosquito net speaks to a level of systematic neglect of the right to health of prisoners. This too is violative of Rule 13 of the Mandela Rules which states:

All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation. (italics supplied)

The state has the bare minimum and inescapable constitutional responsibility to guarantee adequate and prompt medical assistance to all those it imprisons. The state needs to be reminded again and again that a prisoner’s right to movement may be circumscribed, but not the right to health care, the right to dignity and the right to life itself. It is the state’s constitutional responsibility to ensure that a prisoner’s health does not deteriorate and in fact positively to ensure that a prisoner’s right to health is protected. It must comply with both Article 21 as well as the Nelson Mandela Rules with respect to all prisoners.

Endorsed by:

V. Suresh (General Secretary), People’s Union for Civil Liberties (PUCL)
Ravi Kiran Jain (President), PUCL
Brinelle D’ Souza, Academic and activist, Mumbai
Fr. Frazer Mascarenhas, S.J.- Academic Administrator
Mihir Desai, Sr. Advocate and PUCL Maharashtra
Annie Raja, General Secretary, National Federation of Indian Women (NFIW)
Harsh Mander, Writer, Human Rights and Peace Activist
Medha Patkar, Narmada Bachao Andolan (NBA) and NAPM
Henri Tiphagne, People’s Watch, TN
Kavita Krishnan, Writer and Marxist Feminist Activist
Apoorvanand, Columnist and Academic
Kavita Srivastava, President, PUCL Rajasthan
Fr. Cedric Prakash, Writer and Human Rights Worker, Gujarat
Madhuri, Jagrit Adivasi Dalit Sangathan (JADS) and PUCL, Madhya Pradesh
Nandini Sundar, Writer and Academic
Anuradha Talwar, Paschim Banga Khet Majur Samity (PBKMS), West Bengal
Meha Khanduri, Human Rights Defenders Alert
Lara Jesani, Advocate and PUCL Maharashtra
Arundhati Dhuru, National Alliance of People’s Movements (NAPM), Uttar Pradesh
John D’ Souza, Film Maker
Anuradha, Saheli, Delhi
Prasad Chacko, Social Worker, Gujarat
VS Krishna and Gutta Rohit, Human Rights Forum, Andhra Pradesh
Arvind Narrain, Advocate, President, PUCL Karnataka
Bela Bhatia, Human Rights Lawyer and writer
Meera Sanghamitra, NAPM Telangana
Fr. Jothi SJ, ICD
Ashish Ranjan, Jan Jagran Shakti Sangathan (JJSS) and NAPM Bihar
Dr. Manan Ganguli, Health Consultant
Clifton D’ Rozario, All India Lawyers Association for Justice (AILAJ)
Poonam, Pragatisheel Mahila Sangathan (PMS)
Aakar Patel, Columnist
Avinash, Human Rights Activist
Siraj Datta, Human Right Activist, Jharkhand
Geeta Seshu, Media activist, Mumbai
Secretaries, People’s Union for Democratic Rights (PUDR)

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Bhima Koregaon: NIA Court rejects medical bail to Shoma Sen

Wed, 22 Sep 2021 06:53:30 +0000

Image Courtesy:livelaw.in

The Special NIA court’s Judge DE Kothalikar has dismissed the bail plea of former Professor and women’s rights activist Shoma Sen. In a plea filed through her lawyers, Sen submitted that she suffers from hypertension, blood pressure and other ailments that makes her vulnerable to Covid-19.

However, the court rejected this argument and said that the prison authorities can provide medical care if necessary. LiveLaw quoted the court saying, “The prison authority shall observe medical protocol and provide appropriate medical aid to the applicant (Sen) if required.”

The Special Public Prosecutor, Prakash Shetty, argued that similar pleas filed by other accused persons have been rejected and that Covid-19 cannot be used as a ground for release anymore. In August, the court had rejected the pleas filed by Anand Teltumbde and Gautam Navlakha for bail citing old age and the possibility of contracting Covid-19.

Further, as per media reports, the court has also rejected the applications filed by co-accused Sudha Bharadwaj, Hany Babu and Gautam Navlakha for a copy of the draft charges filed by National Investigation Agency (NIA) that has reportedly submitted a list of seventeen draft (proposed) charges against the 15 accused, including the serious charge of waging a war against the country, which is punishable with death or imprisonment for life (section 121 of the Indian Penal Code).

Sen and co-accused Rona Wilson had moved the Bombay high court alleging tampering and planting of evidence in light of the reports published by the American cyber forensic firm Arsenal Consulting, and seeking that the charges against them be quashed. They have urged the court to consider their prayer of an inquiry by a Special Investigation Team (SIT) into the possible planting of evidence.

Their pleas were admitted by the high court and have not been listed for hearing since July this year.

Status of other co-accused in the case

Rona Wilson is currently out on interim bail following his father’s demise and will surrender on September 30. According to an IE report, the court allowed his application seeking an extension of his temporary bail by three days since he was released late from Taloja jail.

On August 4, the Bombay high court reserved its judgment on the plea filed by lawyer-activist Sudha Bharadwaj seeking default bail. She had argued before the high court that in November 2018, the order authorising the charge sheet and her extension was illegal, as the judge who signed the orders exceeded his jurisdiction. She had submitted that only a special judge under the National Investigation Agency (NIA) Act could have heard the same as she was booked under a scheduled offence under the Unlawful Activities (Prevention) Act.

Gautam Navlakha has moved high court for house arrest after developing a lump in his chest that needs medical attention. On September 2, the court was informed by the government that he would be taken to the Tata Cancer Hospital, Kharghar on September 3. His matter will now come up for hearing on September 27, where the court will examine the affidavit filed by the NIA and the Maharashtra government.

Professor Anand Teltumbde, whose bail plea was dismissed in July this year, has moved the high court for reportedly quashing the terminology “and all its formations and front organizations”, attached to the banned CPI (Maoist) organisation in the first schedule of UAPA. In a significant move, he has also asked the court to examine section 43D (5) of the act that makes it impossible for an accused to get bail.

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Bombay HC extends Varavara Rao’s time to surrender to custody until Sept 25

Wed, 08 Sep 2021 04:22:27 +0000

Image Courtesy:indiatoday.in

The Bombay High Court has extended Dr. Varavara Rao’s time to surrender before the NIA till September 25. This even as the court considers his plea for extension of his temporary bail, as also permission to stay in Telangana in his home.

While the National Investigating Agency (NIA) has opposed the plea, the bench of Justices SS Shinde and NJ Jamadar have adjourned the matter to September 24 while also extending the bail to September 25.

Rao has stated that apart from his neurological issues, he also suffers from lacunar infarcts (dead brain tissue) due to arterial blockages in the brain and has been recommended cataract surgery for his eyes.

NIA’s opposition

The NIA has opposed Rao’s plea stating that the medical reports do not disclose any major ailment necessitating him to take treatment in Hyderabad, and that any modification to the earlier order will destroy the basis on which it was passed. However, it may be pointed out that the court, while granting bail in February, had noted that Rao suffered from cerebral atrophy and bouts of delirium induced by old age, and had noted that Rao would face acceleration and intensification of ailments if he continues to remain in custody and even though the Hospital had cleared him for discharge, the court had still taken the view that condition of old age, sickness, infirmity and multiple health ailments suffered by him indicate that his continued custody would be incompatible with his health conditions.

The NIA has further stated that Rao had already raised a plea to be allowed to go to Telangana while seeking bail in February and hence the same plea cannot be raised again. The NIA’s affidavit states that they cannot expect the Hon’ble court to pass orders as per their convenience especially when the accused has prima facie committed offence of serious nature.

Background

Rao was granted temporary bail owing to his deteriorating health condition in February for a period of 6 months. In his plea he has mentioned that it is very difficult for him staying with his 72-year-old wife in Mumbai, away from his home, as the same is unaffordable in terms of living expenses and health services.

It is pertinent to note that out of all the accused in Bhima Koregaon case, Rao is the only one who has been granted such temporary bail, while others continue to languish in prison. Fr. Stan Swamy who was 84 years of age, died on July 5 in his many attempts to seek freedom from jail.

In February, the Bombay High Court had granted medical bail to Rao owing to his deteriorating health in the past one year, and while also taking into consideration his advanced age.

He was admitted to the hospital multiple times due to various reasons including contracting Covid-19 and some infections, and he was finally granted bail after the court took a humanitarian view towards his condition.

Fr Stan Swamy’s death highlights the need to repeal UAPA

Tue, 06 Jul 2021 09:38:00 +0000

Father Stan Swamy’s death while in the custody of the National Investigation Agency (NIA), has reignited the debate on the deplorable conditions in Taloja prison, and in prisons across the country, even as the Covid-19 pandemic rages on.

“Fr Stan suffered painfully before he succumbed. His illness and death could have been avoided. Arguably, it was the inherently pathetic conditions at Taloja jail, followed by an obdurate web of deceit woven by the jail bureaucracy and the National Investigation Agency (NIA) that simply did not admit to this condition,” wrote Teesta Setalvad, soon after the news of his demise was made public. The moving tribute to the 84-year-old priest and human rights defender was one of the first to call out “The institutional murder of Father Stan Swamy”.

In October 2020 Setalvad, secretary, Citizens for Justice and Peace (CJP) held a virtual conversation with, Human right activist and Jesuit priest, Father Cedric Prakash, and former principal of St Xavier’s College, Father Frazer Mascarenhas to discussed the arrest of the octogenarian human rights defender, who was the oldest arrested in the Bhima Koregaon Conspiracy case. CJP, along with many activists and citizens had condemned Fr. Stan Swamy’s arrest.

A death foretold

Months of suffering later, Father Stan Swamy passed away awaiting bail, and his death was announced in court by Dr. Aaron D’Souza of Holy Family Hospital, as the hearing was underway. The ailing human rights defender was put on ventilator support on Saturday, and suffered a cardiac arrest early morning on Monday July 5. The news stunned the court into a moment of silence, stated reports, and as soon as the news was made public, waves of shock, followed by grief were felt across the world among those who, like Stan, believe in human rights and dignity for all, and speak up for the oppressed.

By evening, a memorial meeting was held online in the memory of Fr Stan Swamy, attended by over a thousand people, and his life was celebrated by his close friends, lawyers, activists, and members of the civil society. Each recalling his commitment to welfare of Adivasis, and rededicating themselves to the legacy of Fr. Stan Swamy: The Jharkhand Priest who made People his Religion.

On Monday, friends and family prepare to virtually attend Fr Stan’s funeral service in keeping with Covid-19 protocol. Fr Stan’s tragic death has also once again highlighted the condition of the remaining accused in the case, many of whom are also suffering ill health while behind bars. Friends and family members of those accused in the Bhima Koregaon conspiracy case, who remain behind bars, have issued a joint statement mourning the loss of Father Stan Swamy. They stated that were “deeply pained and shaken to the core” and that this was “not a natural death, but the institutional murder of a gentle soul, committed by an inhuman state. Having spent his life amongst the Adivasis in Jharkhand, fighting for their right to resources and lands, Father Stan did not deserve to die in this manner, far from his beloved Jharkhand, falsely imprisoned by a vindictive state.” The statement was issued by: Minal Gadling, Roy Wilson, Monali Raut, Koel Sen, Harshali Potdar, Sharad Gaikwad, Maaysha Singh, Y Ferreira, Susan Abraham, P Hemlatha, Sahba Husain, Rama Teltumbde, Jenny Rowena, Surekha Gorkhe, Pranali Parab, Rupali Jadhav and Fr. Joe Xavier.

Father Stan inspired everyone

Father Stan was the last of the 16, to be arrested, accused, and jailed, where the rest remain. Some tested positive for Covid-19, while others suffer from health issues which have only gotten worse in the jail circumstances. Varavara Rao was granted bail for 6 months, in the Bhima Koregaon case where he was charged under Unlawful Activities (prevention) Act (UAPA), by the Bombay High Court bench of Justice Manish Pitale and Justice SS Shinde on February 22.

According to the families and friends of the jailed activists who have come to be known as “BK-16”, Father Stan “despite his feeble health, he inspired everyone with the strength of his character and his unshakeable integrity. Even as his health degraded in the prison, his thoughts and prayers were always with his co-prisoners.” In his letters from jail, Fr Stan never complained but wrote about the other prisoners. “Listening to the life-narratives of the poor prisoners is my joy in Taloja. I see God in their pains and smiles,” he had written in one of his early letters, even as he waited for a sipper-tumbler that would help him drink water as his Parkinson’s Disease was at an advanced stage and his hands shook. Always placing others before himself, Fr Stan wrote, “Varavara Rao is very sick. Kindly, pray for him. “

The NIA had initially sought 20 days to respond to his straightforward application for a sipper mug to drink liquids because the octogenarian was unable to hold a cup or a glass as his hands shook due to Parkinson’s Disease. It was only after a month that he received the sipper for his basic needs.

The families of those still in jail stated that while remembering Fr Stan’s gentleness, humanity and compassion, they “cannot forget the immense injustice of his detention. It is unconscionable that someone of his age and ill-health was put in the prison in the first place, and that too, in the middle of an ongoing pandemic. The investigation against him was already complete by the time that he was arrested on October 8, 2020, and he was clearly not a flight risk. His arrest and subsequent detention in Taloja Prison in Navi Mumbai was already a death sentence pronounced against him.”

They recalled that even the ‘documents’ found on the accused computers were “surreptitiously planted was firmly upheld through the stunning disclosures of Arsenal Consulting and Washington Post made public earlier this year, which clearly detailed the method through which incriminating documents had been remotely planted on the computers of the Bhima Koregaon accused using the Netwire malware,” adding that they were “outraged that Father Stan had to pay the price of this malicious fabrication of evidence with his life.”

Fr Stan’s health deteriorated in prison, but medical bail plea was denied

They stated how even after Fr Stan’s health deteriorated in prison, his medical bail plea was “mechanically turned down by the same blind, unfeeling and insensitive NIA court.” The NIA court had denied Fr Stan medical bail on March 22. In November 2020 year, the Jesuit Priest had moved court for bail citing medical grounds. The then 83-year-old Parkinson’s afflicted tribal rights activist suffered hearing loss in both ears and had an arm injury too.

“We cannot forget the heartbreaking speech of Father Stan before the High Court during his medical bail appeal, where he gave a moving account of his deteriorating health. He told the court in no uncertain terms that he did not expect to live long and wished to die amongst his people in Bagaicha, Ranchi. It is appalling that such a simple request could not be met by our judicial system,” wrote the families in their public statement.

They stated that they held “the negligent jails, the indifferent courts and the malicious investigating agencies firmly responsible for his unfortunate death” adding that they “fear for the health and lives of our family members and colleagues, who are facing the similar injustices in the same jails, under the same unaccountable system.”

As Setalvad wrote, “The NIA directly under India’s Ministry of Home Affairs (MHA) is the agency that has been particularly venal in this case, the conduct of Maharashtra’s jail authorities and bureaucracy that has laced their defence of prison conditions with falsehoods not borne out by fact, needs special focus” and made “an unequivocal demand for the Repeal of the UAPA.”

The families of those who remain in jail have stated that they “refuse to be silent spectators and are ready to pay the price!” Words made immortal by Father Stan himself.

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