Elgaar Parishad case: Provide access to computer, software to view files, court tells jail authorities on plea made by two accused

On March 16, 2022, the court had said that most of the evidence in the case is electronic and it cannot be read unless one has access to a laptop or computer. “The applicant is defending himself in person. Considering this aspect fair opportunity to defend is required to be given to the applicant by using the computer, which is available in the prison for a limited period,” the court had said then.

On Friday, Gadling and Ferreira informed the court that despite these orders, the jail authorities had refused permission to them to access the computers between May 24, 2022, and June 9, 2022, and again from July 12, 2022. They also sought to install the required software as they have not been able to access the files provided by NIA.

Special Judge Rajesh Katariya said that considering the order passed by his predecessor in March, the jail authorities are required to comply with its directions. The judge also said there were no reports by NIA or jail authorities complaining of any misuse of the access by the two accused.

“The Jail Superintendent, Taloja Central Prison, shall permit the accused nos.3 (Gadling) and 8 (Ferreira) to use the Computer available in the prison for an hour to each of them twice a week as per the orders passed… The Jail Superintendent shall also provide necessary software in the said Computer system to the accused for viewing the documents provided by the NIA in the hard disks,” the court said.

Sixteen people have been arrested in the Elgaar Parishad case. The special court is currently hearing arguments on the discharge applications filed by the accused.