New Delhi: The Supreme Court on Thursday directed the Taloja jail superintendent to immediately shift activist Gautam Navlakha, arrested in the Elgar Parishad case, to Mumbai’s Jaslok hospital for treatment.
The top court said receiving medical treatment is a fundamental right of a prisoner.
A bench of Justices K.M. Joseph and Hrishikesh Roy also allowed Navlakha’s partner Sabah Husain and sister Mrudula to meet him in the hospital.
“Having heard the counsel for parties, we are of the view that receiving medical treatment would be a fundamental right. We direct that the petitioner be taken immediately for a thorough medical check-up.
“Accordingly, we direct Superintendent Taloja jail to take the petitioner to Jaslok hospital so that he is able to undergo requisite medical check-up and receive treatment. We make it clear that the petitioner will remain in police custody,” the bench said.
On Friday, the court modified the order to say that Navlakha will be in “judicial custody”.
Supreme Court changes the term “police custody” in the order directing shifting of Gautam Navlakha to hospital as “judicial custody”. Court changes the order as Navlakha, while at hospital, will be under “judicial custody with police escort”. pic.twitter.com/3WhKxvj6WB
— Live Law (@LiveLawIndia) September 30, 2022
The 70-year-old activist has appealed in the apex court the April 26 order of the Bombay high court dismissing his plea for house arrest over apprehensions of lack of adequate medical and other basic facilities in Taloja jail near Mumbai, where he is lodged.
The top court will consider his plea for house arrest at the next hearing, on October 21.
The septuagenarian human rights activist has been in jail since his arrest in August 2018. He has claimed several times that the jail authorities have not provided him with the medical care he needs. In his application before the Supreme Court, Navlakha stated that he is suffering from serious ailments, including skin allergies and dental issues. He also needs to undergo a colonoscopy for suspected cancer. Therefore, he should be shifted to his sister’s house and placed under house arrest there, the application said.
According to LiveLaw, senior advocate Kapil Sibal, appearing for Navlakha, said that for colonoscopy, Navlakha has to fast for three days. It was at this point that the bench said that it will direct him be taken to a hospital for a check-up.
“We will direct that you be taken to the hospital. You can fast in the hospital. You will be safer also at the hospital while fasting,” Justice Joseph said, according to LiveLaw. Sibal said the activist needs a thorough checkup as he also has a lump in his throat.
Sixteen people – artists, academics, lawyers and activists – have been arrested in connection with the Elgar Parishad-Maoist links case. While the National Investigation Agency (NIA) has accused them – and six other absconding accused – of ‘waging war’ against the country, critics of the government have said the case is a witch trial against dissidents.
(With PTI inputs)
Note: This article was updated at 3:50 pm on September 30, 2022 to add the court’s change to the order.