In a significant move, Advocate Surendra Gadling and Kabir Kala Manch activist Sagar Gorkhe, both accused in the Elgar Parishad-Bhima Koregaon conspiracy case and currently incarcerated in Taloja jail, Navi Mumbai, have approached the Bombay High Court. They are seeking judicial directives to ensure that undertrial prisoners in the jail are regularly produced in their respective trial courts.
The petition highlights a grave concern, pointing out that 305 undertrial prisoners at Taloja are not being presented in court on their scheduled dates, thereby undermining their fundamental rights and human dignity. With over 2,600 undertrials in Taloja, many of whom come from impoverished, marginalized communities and are often the sole breadwinners of their families, the implications of such oversights are profound.
According to the petition, a government resolution has provided for 239 police guards specifically tasked with escorting inmates to courts and hospitals. However, the petition alleges that the reserve police inspector of Kalamboli is only able to meet 22-42% of this requirement, as guards are frequently reassigned to manage VIP security details, festival celebrations, and other events.
This diversion of resources, the petition claims, violates the inmates’ fundamental right to a speedy trial and adversely affects their mental and physical well-being. The lack of court appearances leaves prisoners in the dark about the proceedings of their cases and their upcoming court dates, reinforcing a sense of second-class citizenship and deprivation of basic rights.
Furthermore, the petition addresses the inadequacies of video conferencing for legal consultations, citing lack of privacy and frequent technical issues that hinder effective communication between lawyers and their clients.
The petitioners have urged the court to ensure that the designated guards are not redirected from their primary duties and have called for accountability measures against the Navi Mumbai police commissioner and the Kalamboli reserve police inspector for failing to adhere to the government resolution.
