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Journalism of Courage
DAYS AFTER his co-accused in the Elgaar Parishad case, Vernon Gonsalves, contracted dengue in Taloja Central Jail, activist Gautam Navlakha again approached court seeking a mosquito net. Over the past few months, undertrials at the prison and jail authorities have faced-off over lack of mosquito nets in the prison. In May, jail authorities seized mosquito nets of undertrials stating that the strings and nails used to tie the nets can be a security risk.
On Tuesday, Navlakha filed a fresh plea before the special court. “It is submitted that Taloja Central prison is located in an area which is a chronic dengue and malaria-prone area…The applicant (Navlakha) is very troubled due to the influx of mosquitoes at the prison and is unable to sleep at night even after using mosquito repellents,” his plea said.
In July, Navlakha and his co-accused Sagar Gorkhe had approached court seeking mosquito nets. The court did not allow their plea while directing the jail superintendent to take “all necessary precautions against mosquitoes”, conduct fumigation, allow inmates to use repellents, ointments and incense sticks.
Navlakha’s application filed through lawyers Wahab Khan and Chandni Chawla said that despite these directions passed by the court, Gonsalves contracted dengue and has been unwell since August 31. Gonsalves is currently admitted at state-run J J Hospital.
The plea filed by Navlakha states that he was previously allowed to use a mosquito net and after the change in prison staff, the net was taken away. Citing the Maharashtra Prison Manual rules, the application states that the medical officer of the prison is authorised to permit any prisoner to purchase items, including medicines and articles considered essential for the maintenance of a prisoner’s health. The plea also states that other prisoners, including gangster DK Rao also lodged at Taloja jail, has been allowed by another special court to use a mosquito net.
Last month, Rao’s plea was allowed with the court stating that the medical officer of JJ Hospital had advised him to use a mosquito net.
“If other prisoners have been allowed to use mosquito nets in prison, the applicant is also entitled to use a mosquito net in prison. The applicant cannot be treated differently as compared to other prisoners at Taloja Central Prison,” the plea said. It states that basic medical facilities like a mosquito net are part of his fundamental rights under Article 21, which cannot be taken away only because he is an undertrial. The court has directed the NIA and jail authorities to file a reply.
Meanwhile, the special court will hear Gonsalves’ application for temporary bail on medical grounds on Friday. The court on Tuesday received a report from JJ Hospital where he is admitted.
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