Elgar Parishad Case: Vernon Gonsalves Is Latest Victim of Prison Staff’s Medical Neglect

JJ Hospital has confirmed that Gonsalves has been suffering from dengue for close to two weeks and that he could have developed pneumonia too.

Mumbai: Over 10 days ago, Vernon Gonsalves, a Mumbai-based human rights activist and one of the 16 persons arrested in the Elgar Parishad case, had a high-grade fever. He fainted several times in jail and at one point couldn’t move. The Taloja central prison staff, however, only administered him paracetamol and refused to refer him to a hospital.

On September 8, only after his wife and also his lawyer Susan Abraham moved the special National Investigation Agency (NIA) court and the court issued an order, he was finally taken to the state-run JJ hospital. By that time, Gonsalves’s condition had already deteriorated and Abraham said he had been put on oxygen support.

JJ Hospital has confirmed that Gonsalves has been suffering from dengue for close to two weeks and that he could have developed pneumonia too.

Gonsalves, a 65-year-old activist, was one of the first persons to be arrested in the Elgar Parishad case of 2018. The Pune police – which investigated the case until end-2019 – claimed that Gonsalves and other accused persons were all “Urban Naxals” and have been involved in anti-national activities. They are also accused of having plotted Prime Minister Narendra Modi’s “Rajiv Gandhi- style assassination”.

The case was later taken over by the NIA in 2020. The case has not made any progress in court and the NIA chargesheet does not mention any plans to assassinate the prime minister. However, independent investigations by both Indian and international media houses have raised serious questions over the veracity of the claims made by the Indian state.

On September 7, as soon as lawyers and Gonsalves’s family found out about his illness, they moved an application for temporary bail before the special NIA court in Mumbai. Larsen Furtado, Gonsalves’s lawyer, in the application, states that he visited Taloja jail on September 7. He was informed by other accused in the case that Gonsalves was in a bad state. His co-accused Sudhir Dhawale, also a rights activist from Mumbai, told Furtado that he had been making notes of Gonsalves’s health in his dairy. According to the noting, on August 30, Gonsalves first fell sick.

“1st day – 30th August: Vernon has fever and cough. When this was reported to the visiting doctor, he gave him 3-days of paracetamol and erythromycin without examining him; till 3rd day – 1 st September, the fever kept recurring and there was continuing cough,” Dhawale notes in his diary.

On day 4, other prison mates appealed to the jail staff and finally, Gonsalves was taken to a doctor. Here, he was again administered some antibiotics but no tests were conducted on him. Only on Day 8, Gonsalves was tested for Malaria. The doctor attending to Gonsalves had told the prison officials that this could be a case of typhoid or dengue. The prison officials, however, did not order tests.

The application states that only after Gonsalves pleaded with folded hands before the Taloja jail officials on September 7, was he finally taken to JJ Hospital. Here, he was put on oxygen support for less than two hours and sent back.

On Thursday, September 8, the application was finally heard by the NIA court and judge R.J. Katariya ordered the prison officials to immediately provide adequate medical care. Gonsalves has now been hospitalised and is under observation. Judge Katariya has also ordered the Taloja jail superintendent U.T. Pawar to be present before the court on September 12 to provide a proper medical update and explain the reasons for the delay caused in providing treatment.

Over the past four years, many among those arrested in the Elgar Parishad case fell severely ill while in jail. Each time, they had to move the trial court and Bombay high court seeking medical intervention. The prison officials’ delay in providing proper medical treatment to 84-year-old Jharkhand-based tribal rights activist Father Stan Swamy, eventually led to his death. Gonsalves, a well-known prisoners’ rights activist, took care of Swamy in his final days. Another prisoner, Varavara Rao fell seriously ill in jail and was later released on bail following the Bombay high court’s order. Last month, the Supreme Court granted him permanent medical bail.

Sachin Waze Gets Court Nod for Private Hospital Treatment

The court granted permission after the dismissed Mumbai police officer told the court saying he did not wish to “die in custody like (tribal rights activist and Jesuit priest) Stan Swamy”.

Mumbai: A special court on Monday refused the National Investigation Agency (NIA)’s application to take custody of dismissed Mumbai police officer Sachin Waze for questioning in the Antilia bomb scare case and allowed him to get admitted at a private hospital for treatment of his heart ailment after he said he doesn’t want to become “another Stan Swamy”.

Special judge Prashant R. Sitre permitted Waze (49), who is currently in jail under judicial custody, to get admitted to a private hospital in Thane for treatment for his heart ailment.

The cost of such treatment is to be borne by Waze and his family, the court said.

Waze, through his lawyer, senior advocate Sudeep Pasbola, had earlier told the court that three of his arteries had “90% blockage” and that doctors had advised immediate surgery for the same.

He urged the court to permit him to seek private medical treatment, saying he did not wish to “die in custody like (tribal rights activist and Jesuit priest) Stan Swamy”. Swamy (84), an accused in the Elgar Parishad case, had died on July 5 in a private hospital in suburban Bandra, while awaiting medical bail.

Last week, the NIA had filed an application before the special court seeking the custody of Waze for two days, and of his co-accused and former police officer Sunil Mane for five days in the Antilia bomb scare case.

Waze and Mane, along with eight other accused in the case, are currently in judicial custody.

The special court on Monday also refused to grant the NIA custody of Mane. Previously, the central agency had Waze in its custody for 28 days and Mane for 15 days.

On Monday, the NIA sought further custody, saying it required to question Waze and Mane to corroborate statements of witnesses.

Advocate Pasbola, however, objected to the same and said doctors at government-run JJ Hospital in the metropolis, where Waze had been taken from Navi Mumbai’s Taloja jail prison earlier this month, had advised him to undergo a bypass surgery without any delay.

Pasbola produced three medical reports to show Waze’s need for immediate medical aid. He said nothing was more important than a person’s life and that the NIA’s probe would be futile if Waze died awaiting medical treatment.

“Nothing is more important than the life of a person. The investigation will be futile if the person does not survive,” Pasbola said. “We don’t want him to become another Stan Swamy,” he said.

The judge then asked Waze, who had been produced before the court, if he wished to say anything.

Waze said in Marathi then that he did not want to become “another Stan Swamy.” The court, in its order, directed the Taloja prison authorities to take Waze to the private SS Hospital and Research Centre in Bhiwandi town of Thane district for treatment. It also directed the Taloja prison Superintendent to submit Waze’s medical report before the court every 15 days if the former police officer was admitted to the hospital.

An explosives-laden vehicle was found near industrialist Mukesh Ambani’s south Mumbai residence on February 25. Mansukh Hiran, a Thane-based businessman, had claimed to be the owner of the vehicle.

Hiran, who had said his vehicle had been stolen a week earlier, was found dead in a creek in Thane on March 5.

The NIA claimed Waze was involved in the planting of the explosives and Hiran’s murder and arrested him on March 13. He was later dismissed from police service.

Two Days After HC Orders Hospitalisation, Stan Swamy Tests Positive for COVID-19

Swamy, who is suffering from advanced Parkinson’s disease, has been in jail since October last year.

Mumbai: Eighty-four-year-old Jesuit priest and tribal rights activist Stan Swamy has tested positive for COVID-19.

Swamy, one of the 16 persons to be arrested in the Elgar Parishad case, had been suffering from fever, severe cough, headache and upset stomach for the past few weeks. He was, however, finally hospitalised only two days ago following the Bombay high court direction to move him to a hospital for 15 days.

Swamy, who is suffering from advanced Parkinson’s disease, has been in jail since October last year. He has since been lodged at the Taloja central prisons, one of the most overcrowded in Maharashtra. Swamy, who had difficulty in even sipping water from a glass, was dependent on co-prisoners to go about his daily life in jail. Since his arrest, Swamy has been at the hospital ward inside Taloja. 

Swamy was shifted to a private hospital, Holy Family, after a long legal battle. Last week, his lawyer Mihir Desai had brought to the notice of the Bombay high court the fact that conditions inside the Taloja prison was deplorable and had had an adverse impact on Swamy’s health. The prison, with over 3,500 persons incarcerated, was managed by three Ayurvedic doctors. These doctors, although not qualified, have been accused of administering allopathic medicines to the prisoners. In the case of Swamy too, allopathic medicines were given to him, his lawyers have alleged.

Also read: More Than 2,500 Activists, Academics, Others Issue Statement Demanding Stan Swamy’s Release

On May 19, the high court had directed the dean of the state-run JJ hospital to set up an expert committee to examine Swamy’s medical condition. This report was submitted to the court on May 21.

‘Would rather suffer’

On the court’s direction, Swamy was produced before it through a video conference from jail. Evidently tired, Swamy had told the court that his condition has seen a steady regression since he was arrested in October last year. In such a worrying situation too, Swamy was opposed to a move to JJ Hospital. Having been hospitalised at JJ Hospital in the past, Swamy ostensibly did not trust the hospital to treat him well. He told the court that he would “rather suffer” and “possibly die very shortly” than be treated at the state-run hospital. Soon after Swamy spoke before the court, his lawyer Desai had urged the court to be allowed to speak to his client to convince him to take proper treatment. 

Eventually on May 28, Desai told the court that Swamy had agreed to be treated at Holy Family hospital in Bandra. The same day, Swamy was moved to the hospital following the court’s order. 

On Sunday, May 30, Swamy’s friends confirmed that he has tested positive for coronavirus.

“We have informed the jail authorities too. Inside prison, he was helped by other accused in the Elgar Parishad case. We have told the jail authorities to get everyone, who must have come in Swamy’s contact, tested. We have also urged the hospital to inform the prison officials,” one of Swamy’s close friends informed The Wire.

The friend also said that they have been struggling to find out more about his health and have no indication if he is fine. “We have no clue. We are trying to find out more,” the friend said.  

Even when Swamy was struggling in jail, both the National Investigation Agency (NIA) and the state prison officials had opposed his shifting to a private hospital. Swamy’s lawyer had moved an urgent interim bail and the NIA court had rejected his bail petition on grounds including his health and the current COVID-19 situation.

On the request to move Swamy to a private hospital, the Additional Solicitor General Anil Singh, representing NIA, had told the high court that such a direction from the court would set a bad precedent. Similar arguments were made when Hany Babu, Swamy’s co-accused and an associate professor at the Delhi University, had tested positive for COVID-19. The court had eventually sent Babu to Breach Candy hospital to ensure he gets adequate treatment both for COVID-19 and his severe eye infection.

Also read: NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’

‘Debilitating tremors’

Swamy had put up a resilient front all through his incarceration and avoided complaining of the prison conditions. Until a note moved before the high court, based on Swamy’s conversation with his long-time friend and colleague, Father Joseph Xavier, on May 14, captured the extent of the difficulties Swamy has been facing in jail. 

Father Xavier’s note mentions that Swamy had, for the first time during his stay, mentioned that he “is weak.” While Swamy had been showing symptoms of the advanced stages of Parkinson’s disease from the time of his arrest itself, he now has debilitating tremors in both arms.

Father Xavier pointed out that this almost entirely impairs Swamy from accomplishing basic and essential daily tasks such as eating food, drinking water, putting on clothes and taking a bath, without the assistance of fellow prisoners.

Each time Swamy fell ill, he was ferried to and from Taloja central prison to JJ hospital, which is about 55-kilometres away. Travelling in a police van for such a long distance has had a lasting impact on his health, one of Swamy’s colleague said. “He needed sustained medical care. Instead, he would be taken to the hospital and brought back the same day,” Swamy’s colleague shared. 

Swamy was the 16th person to be arrested in the ongoing Elgar Parishad case. Even when the investigation on his alleged role was completed, he was arrested on October 8. He was sent into judicial custody and a day after his arrest, the NIA filed a supplementary chargesheet in the case.

Swamy is perhaps the oldest prisoner in India. Even while both the Supreme Court and the high court have issued several directions to decongest prisons to curb COVID-19 outbreaks there, Swamy’s case cannot be considered for release as he, like several hundred prisoners, is booked under the draconian Unlawful Activities (Prevention) Act. Accused under this law don’t qualify for an emergency bail or parole as recommended by the high-power committee set up to decongest prisons across different states. An arbitrary and artificial distinction has been made and those booked under the special act have been exempted from being released on bail.

Bombay HC Directs Taloja Jail Authorities to Move Stan Swamy to Private Hospital

The 84-year-old activist had said he would “rather die in prison than go to JJ Hospital”.

New Delhi: The Bombay high court on May 28 directed jail authorities in Maharashtra to shift 84-year-old incarcerated activist Stan Swamy from the Taloja prison to a private hospital in Mumbai for treatment for two weeks, after Swamy’s counsel said that the activist and his aides would bear the cost of his treatment.

Swamy was arrested in October, 2020, and charged under various sections of the Indian Penal Code and offences under the Unlawful Activities (Prevention) Act for allegedly harbouring connections with the banned CPI (Maoist). Swamy is facing charges along with 15 other human rights activists and has been in Taloja prison hospital since his arrest.

A bench of Justices S.S. Shinde and N.R. Borkar directed the prison authorities to ensure that Swamy was shifted from the prison in Navi Mumbai to the Holy Family Hospital in suburban Bandra “preferably during the course of the day.”

The bench’s order came after Swamy’s advocate, senior counsel Mihir Desai, moved the bench seeking an urgent hearing on a plea.

Advocate Desai had moved a vacation bench, led by Justice S.J. Kathawala, seeking medical aid and interim bail for Swamy.

At the time, the bench had said that while the issue of the medical bail would be decided later, Swamy could be shifted to the state-run JJ Hospital in Mumbai for treatment.

Swamy, who suffers from multiple ailments, was present before the court at the time via video-conferencing, but had refused to get admitted to the JJ Hospital, saying he had been there twice earlier but had found no relief.

He had said he would “rather die in prison than go to JJ Hospital” and would prefer to “be with his own.”

Swamy’s imprisonment, despite his ill health, had attracted widespread criticism. Recently, the Jharkhand Janadhikar Mahasabha, a coalition of people’s organisations and activists in the state, urged the Maharashtra government to immediately ensure better treatment for him.

Cost of treatment

On Friday, Desai told the bench led by Justice Shinde that Swamy had agreed to get admitted to the Holy Family Hospital.

The NIA’s counsel, Additional Solicitor General Anil Singh, and the Maharashtra government counsel, Y.P. Yagnik, objected to Desai’s request.

They said the state could not be expected to bear the cost of Swamy’s treatment at the private hospital. They suggested that Swamy be shifted to the JJ Hospital instead.

The HC permitted Swamy to be shifted to the Holy Family Hospital after Desai said the cost of treatment would be borne by Swamy and his aides.

“We are of the view that the appellant can be given a choice of Holy Family Hospital for his treatment for 15 days. Appellant (Swamy) will bear the expenses,” the HC said.

“It is not in dispute that appellant’s age is 84 years and according to findings recorded by a team of doctors from JJ Hospital, he needs treatment. We request that the administration of Holy Family Hospital provide one attendant keeping in view age of the appellant,” the bench said.

The HC also permitted Swamy’s colleague, one Father Frazier, to meet him at the hospital at regular intervals as per hospital protocol.

On May 21, Swamy had told the HC that his mental and physical health had declined steadily while being lodged at the Taloja prison.

(With PTI inputs)

‘I’d Like to Be With My Own,’ Stan Swamy Tells Bombay HC as His Health Deteriorates

The octogenarian tribal activist insisted that he be granted interim bail during the hearing on Friday, which the court refused.

New Delhi: Octogenarian tribal activist Father Stan Swamy told the Bombay high court on Friday that he would rather die in Taloja jail, where he is currently lodged, than being admitted to a government hospital, while pleading for interim bail.

A division bench of Justices S.J. Kathawalla and S.P. Tavade while inquiring about his health specifically asked him if he was willing to get admitted to JJ Hospital in Mumbai until his health improves.

To which, Swamy said: “I have been there twice. I am not for being hospitalised in JJ Hospital. It will not improve, it will keep going. I would rather die here very shortly if things go on as it is,” Swamy said.

When Swamy’s lawyer Mihir Desai told the court that he may be apprehensive that he would be taken to a government hospital, the bench then asked Swamy if he would like to be admitted to another hospital. Swamy responded saying that he does not want to be admitted to any other either.

However, he said, “Only one thing that I would request the judiciary is to consider for interim bail. That is the only request.”

To this the court said, it would not be possible to consider his request to let him go to his hometown Ranchi. “Whatever happens to me, I would like to be with my own,” Swamy told the court.

Also read: There Is No Case. Release the Bhima Koregaon 16 and Compensate Them

The octogenarian activist informed the court that eight months since he had been at Taloja, his health condition had progressively deteriorated. He said he is now in a situation where he can neither eat, bathe, write or go for a walk on his own.

“Eight months ago, I would eat by myself, do some writing, walk, I could take bath by myself, but all these are disappearing one after another. So Taloja Jail has brought me to a situation where I can neither write nor go for a walk by myself. Someone has to feed me. In other words, I am requesting you to consider why and how this deterioration of myself happened. Yesterday I was taken to JJ Hospital, so I got an opportunity to explain what I should be given. My deterioration is more powerful than the small tablets that they give,” he submitted to the court.

After Swamy refused to get admitted to any hospital, his lawyer Mihir Desai sought the permission of the court for more time to convince him to get admitted to a hospital. Desai also told the court that Swamy had been in the prison hospital for about six months. “The problem with prison hospital is that they don’t have anything – no medical practitioner, no facility,” he said.

A JJ Hospital committee, which was constituted on Wednesday, May 19, to examine Swamy’s health condition, submitted its report to the court on Friday, May 21.

As Swamy continued to insist on staying at Taloja prison rather than shifting to a hospital, the court posted the matter for the next hearing on June 7. The prison authorities have been directed to follow the recommendations of the JJ Hospital committee as well as provide necessary facilities to Swamy.

The Friday’s hearing necessitated after the court had ordered prison authorities to produce Swamy before it to inquire on his health.

Swamy was arrested on October 8, 2020, and charged under various sections of the Indian Penal Code and offences under the Unlawful Activities (Prevention) Act for allegedly furthering the cause of banned CPI (Maoist) through various civil rights organisations, of which he is a part. Swamy is facing charges along with 15 other human rights activists.

Bombay HC Permits Hany Babu to Be Shifted to Breach Candy Hospital Due to Eye Infection

Hany Babu tested positive for COVID-19 earlier this month and is currently undergoing treatment at the state-run G.T. Hospital in Mumbai.

Mumbai: Bombay high court has permitted Delhi University’s associate professor Hany Babu to be shifted to Breach Candy Hospital for medical treatment. He was one of the accused in the Elgar Parishad-Maoist links case.

Hany Babu moved the high court on Wednesday morning, seeking medical aid for an eye infection he developed after contracting COVID-19. The high court said that Babu should be shifted to Breach Candy Hospital on Thursday under police protection. Charges for his treatment and prescribed medicines will be borne by him and his family.

Hany Babu tested positive for COVID-19 earlier this month and is currently undergoing treatment at the state-run G.T. Hospital in Mumbai. Last week, authorities of the Taloja Prison in Navi Mumbai brought him to J.J. Hospital, from where he was shifted to G.T. Hospital.

His wife Jenny Rowena moved the high court on Wednesday morning, seeking interim bail and medical aid for him.

Her counsel, senior advocate Yug Chaudhry, approached a vacation bench of Justice S.J. Kathawalla and Justice S.P, Tavade, seeking an urgent hearing on the ground that besides testing positive for the novel coronavirus, Babu had developed a severe eye infection and ran the risk of losing vision in his left eye.

Also read: Hany Babu Is Guilty — Of Helping Students Develop an Interest in Language, Region and Culture

Chaudhry said that Babu must be checked to rule out the possibility of black fungus. Mucormycosis or black fungus, is a rare but serious infection which has been found in several COVID-19 patients.

The bench accordingly summoned G.T. Hospital’s Dean Dr B.G. Chikhalkar, who appeared with other doctors via video conference and told the bench that Babu was being provided with adequate treatment.

The court then asked for a video call to be arranged between the bench and Hany Babu. When Babu came on the line, he told the court that he was satisfied with the treatment at G.T. Hospital.

“My eye is a little better now. I am satisfied,” he said.

Hospital authorities told the high court that they were not equipped to carry out the MRI angiography test that had been recommended for Babu’s brain by J.J. Hospital. Advocate Chaudhry told the court that Babu also needed several other specialised tests to be conducted, and sought interim bail.

“If the state can’t take care of me, let me take care of myself and my life,” Chaudhry argued.

The court said that while it won’t grant bail to Babu, it could allow him to be shifted to a hospital of his choice. The National Investigation Agency’s (NIA) counsel, Additional Solicitor General Anil Singh, opposed it and said the city-based J.J. Hospital, KEM Hospital and Nair Hospital were all equipped to treat Babu.

“Otherwise, this will become a precedent and all prisoners will want to be shifted to private hospitals,” Singh said.

The court, however, refused the submission.

“Let the family get psychological satisfaction at least that he is being treated at a hospital of their choice, especially if they are footing the bill,” the court said. They said there is nothing wrong in making this a precedent, especially in the current situation.

“That’s why we are asking him to pay the bill. We haven’t taken the Nanavati precedent and asked state to pay the bill,” the court said.

It was referring to a previous high court order that had directed Nanavati Hospital (private) to bear the treatment cost of activist Varavara Rao, who is also an accused in the Elgar Parishad-Maoist links case.

The court directed Breach Candy Hospital to submit Babu’s medical report in court by the next hearing on June 9, or whenever Babu is discharged from the hospital.

According to his family and lawyer, Babu developed an acute eye infection on May 3, and is yet to receive appropriate medical care. Last week, his wife had said in a press conference that his family was struggling to get information from prison authorities and the NIA, which is conducting a probe into the case on his health condition.

Babu was arrested by the NIA in July 2020.

The Elgar Parishad case relates to alleged inflammatory speeches made at a conclave held in Pune on December 31, 2017, which police claimed triggered violence the next day near the Koregaon Bhima war memorial in the district.

The Pune police claimed the conclave was backed by Maoists, the case was later taken over by the NIA.

Several other activists, including Sudha Bharadwaj and Varavara Rao, had been arrested in the case.

(PTI)

Bombay HC Takes Note of Varavara Rao’s Poor Health, Orders His Shifting To Hospital

The court took note of the Telugu poet’s critical condition, saying he is almost on his death bed.

New Delhi: The Bombay high court on Wednesday took note of the critical condition of Telugu poet Varavara Rao’s health and ordered that he should be shifted to the Nanavati hospital in Mumbai for 15 days.

Rao, who was arrested in 2018 in connection with the Elgar Parishad case, is lodged in the Taloja jail.

According to LiveLaw, a division bench comprising of Justices S.S. Shinde and Madhav Jamdar observed, “Ultimately the man is on almost death bed. He needs some treatment. Can the state say, ‘No, no we will treat him in Taloja?’.”

The bench ordered that he should be transferred to Nanavati for two weeks, after which the court would assess the situation again. The bench also said that Rao should not be discharged from the hospital without the court being informed, adding that medical reports should also be submitted to the court.

Rao’s family members will be allowed to meet him at the hospital and the court will consider the matter again on December 3.

The court was hearing two petitions. While one was filed by seeking bail for the poet on medical grounds, the second was filed by his wife Hemalata saying that his incarceration was a violation of his right to health and life.

In July, Rao was shifted to the state-run JJ Hospital after a prolonged illness and a serious delay in medical attention. When his family visited him, they found him in a “pool of urine” and Rao seemed to be delirious.

Tests showed that he had contracted COVID-19, and he was shifted to St George’s Hospital. He was later shifted to Nanavati hospital for neurological treatment. In late August, he was sent back to jail after his treatment for COVID-19 was completed.

According to LiveLaw, the bench agreed with senior advocate Indira Jaising’s submission that proper medical examination may not be possible over a video call of 15 minutes and that detailed physical examination under the guidance of specialists was necessary.

Also Read: Varavara Rao’s Continued Custody Amounts to Inhuman Treatment, Says Wife in SC Petition

Public prosecutor Deepak Thakare informed the bench after taking instructions from the government that the state government has no objection if Rao is shifted to Nanavati hospital. However, Thakare submitted that the case should be treated as a special case and not as a precedent.

Additional solicitor general Anil Singh, who appeared for the National Investigation Agency (NIA), objected to shifting to Nanavati Hospital and submitted that the JJ Hospital has sufficient facilities.

Jaising said that there was “reasonable apprehension” that Varavara Rao may die in jail and will not stand trial in the Bhima Koregoan case. She said his medical condition was “highly vulnerable” and that the facilities in Taloja Jail hospital were not sufficient to treat his conditions, according to LiveLaw.

Jaising told the court that Rao is being looked after by Elgar Parishad case co-accused Vernon Gonsalves and Arun Ferreira.

Public prosecutor Thakare suggested that Rao should be shifted to JJ Hospital, where all tests could be conducted. Jaising opposed this suggestion, saying that when Rao was admitted at the hospital in July, he had sustained head injuries.

“I am alleging negligence on the part of the state. If the state is unable to look after him, he needs to be shifted to Nanavati Hospital,” she argued, according to LiveLaw.

Bombay HC Directs Jail Authorities to Let Varavara Rao Contact Family Through Video Call

Rao’s family has had no information on his health since the last video call they were permitted to make was on July 31.

Mumbai: The National Investigation Agency (NIA) on Monday opposed poet-activist Varavara Rao’s bail plea before the Bombay high court, saying the Elgar Parishad case accused was being provided with the best possible medical aid and that the prison authorities would continue to offer him adequate medical treatment whenever required.

The 81-year-old accused in the Elgar Parishad-Koregaon Bhima case has been undergoing treatment at the Nanavati Hospital in the city since July 16 after he tested positive for coronavirus.

The high court, however, directed the state prison authorities to permit Rao’s family members to contact him through a video call.

He is also being treated for various other ailments, including a head injury that he sustained while at government-run J.J. Hospital before he was shifted to Nanavati Hospital, a private facility.

A bench led by Justice Amjad Sayed was hearing a bail plea filed by Rao on health grounds before he contracted COVID-19.

On Monday, NIA counsel additional solicitor general Anil Singh reminded the court that Rao had been denied bail on merit on previous occasions by the HC.

He added that “this was a case in which the petitioner (Rao) was involved in anti-national activities.”

Also read: Writing as Righting: The Politics and Poetics of Varavara Rao

“He (Rao) was shifted from J.J. Hospital to Nanavati Hospital, one of the best super speciality hospitals in the city, at the family’s request. Jail authorities are taking best care in prisons. … They are taking safety precautions, following [Indian Council of Medical Research] ICMR guidelines,” Singh said.

“In the present case, jail authorities have taken best care, given best treatment so the family can’t complain. Jail authorities have stated they will continue taking care (of Rao) so nothing remains in the petition,” Singh added, urging the court to not allow Rao’s bail plea.

At this, the court asked if Rao was in the ICU or in a “regular room” at the hospital and if his condition required regular monitoring.

Rao’s counsel R. Satyanarayan told the court that Rao’s family had no information on his health since the last video call they were permitted to make was on July 31.

Satyanarayan said that the hospital authorities had told the family they were “taking some legal advice” before they could pass on any information on Rao’s condition to them.

The bench then said that Rao is permitted to contact his family through a video call in accordance with hospital protocol.

It directed the state prison authorities to permit Rao’s family members to contact him through a video call.

Following a previous order of another bench, the Nanavati Hospital had filed a report in court on August 10 detailing Rao’s health condition and the treatment being given to him among other things.

Rao’s family and the NIA both submitted that they were yet to receive the copies of the report.

The court, therefore, permitted the parties to receive copies of the report. It is likely to hear Rao’s bail plea further after two weeks.

Chained Muse: Notes from Prison by Varavara Rao

In November 2019, when the Bhima Koregaon accused were still housed in Yerawada Central Prison and their case had not yet been transferred to the NIA, the Telugu poet penned some thoughts about his experience there, and the carceral nature of the state.

With news coming in about the worsening health of Varavara Rao (VV), his family held an urgent press conference on July 12, 2020 to demand adequate medical care for the incarcerated 80-year-old Telugu poet. Held in prison for the past 22 months as an under-trial in the Bhima Koregaon conspiracy case, VV’s health has become a crucial cause of concern since May 28, when he fell seriously ill and had to be hospitalised in the Taloja Central Prison and later was shifted to the state-run JJ Hospital.

An application for urgent interim bail on health grounds had been moved by his lawyers in the NIA special court earlier on May 15, soon after the state government’s high-powered committee to decongest prisons included those above 60 years of age and those with health issues to be considered for release. VV’s bail application was due for hearing when he got hospitalised and because of this, he was discharged from JJ hospital and sent back to prison. Meanwhile, the NIA court called for medical reports from both JJ hospital and Taloja jail hospital. On June 26, the court rejected his interim bail application. An appeal has now been filed in the Bombay high court.

As of now, two inmates have died inside Taloja prison and subsequently tested COVID positive. Until June 13, no other swab test for COVID-19 has been conducted there. Taloja Central Prison houses 2,313 inmates (as of June 19), against its official capacity of 2,124. In a reply to a PIL filed in the Bombay high court, the prison authorities said that in order to combat the spread of coronavirus and meet social distancing guidelines, they can house only two-thirds of the official capacity, which means 1,416 inmates.

Activists say keeping an 8o-year-old inside the prison under the present circumstances is, thus, akin to granting him a death sentence. “To knowingly risk the life of a person in state custody by refusing proper medical treatment would amount to a form of the “encounter”, an extra-legal punishment which state institutions are duty-bound to forego,” Romila Thapar and other leading intellectuals have said.

At their press conference, VV’S wife and daughters said they received three calls from him after he was transferred to the prison hospital. While in the first two calls, he had sounded unwell, incoherently switching from Telugu, his first language, to Hindi, the call his wife Hemalatha received on July 11 was ‘scary’ . She said VV sounded delusional, and unable to comprehend the questions put to him. Another prisoner informed her that VV required urgent medical help as he has been repeatedly hallucinating, and unable to walk, go to relieve himself or even brush his teeth without assistance.

The text below was written by Varavara Rao in November 2019, during his time in the Yerawada Central Prison, Pune. The Bhima Koregaon 9 (VV, Sudha Bharadwaj, Shoma Sen, Surendra Gadling, Mahesh Raut, Arun Ferreira, Sudhir Dhawale, Rona Wilson and Vernon Gonsalves) have since grown to the ‘BK-11’ with the incarceration of Anand Teltumbde and Gautam Navlakha.

§

‘Chained Muse’

By Varavara Rao
Yerawada Central Prison, November 2019

‘Chained Muse’ was the title of an article written by K.G. Kannabiran in the Illustrated Weekly of India, about me when I was in solitary confinement in District Jail, Secunderabad during 1985 -1989 as an accused in Ramnagar Conspiracy Case (1986-2003) under Terrorism and Disruptive Activities (Prevention) Act.

I was the last person to come to Yerawada Central Prison, Pune, among the nine accused in the Bhima Koregaon violence-turned-Elgar Parishad case, under the Unlawful Activities (Prevention) Act.

I was trying to avail the opportunity given by the Supreme Court –  for relief under different provisions in the high court, Hyderabad – and could stay three more weeks under house arrest. Finally, I was arrested by the Pune Police on November 17, 2018 at 8 pm and brought to Pune, produced before the 3rd additional sessions judge on November 18 and sent to police custody till November 27.

I was produced in court again and sent to judicial custody on November 27 night. Kept in what is called ‘After’, a place of nightmare in the winter, and shifted to the ‘Phansi Ward’ on November 28 morning, where one of my co-accused from Mumbai had been from October 28, 2018 itself.

I was kept beside him in Cell No. 20, the last one which is exactly in front of the gallows, only separated by a wall, and the tip of the gallows is always visible. This reminds me of another gallows in another jail. I lived in a similar ‘Gunj’ (meant for prisoners sentenced to capital punishment) during December 1985 – January 1986 in Secunderabad District Prison. I had seen the gallows there itself much earlier, when I interviewed and wrote a poem about the peasant comrades Bhoomaiah and Kishta Goud (who were later hanged to death on December 1, 1976) in 1974 as their hanging date was conveyed to them and stopped by the government at the eleventh hour.

Though the number has been fluctuating with one or two under trial prisoners and lifers being shifted here, the number of inmates on the death row always remains more than 20. Among them, two are Muslim political prisoners of 45 and 50 years, implicated falsely in the 2008 Bombay train blast cases. Of the non-political prisoners also there are two Muslims. Most of the rest are Dalits, oppressed castes, poor, utterly poor with only one or two exceptions. Some of them might have committed heinous crimes like child rape, but most of them are innocent – implicated in place of people who could influence the system. For example, a young Maratha woman was raped by Dalits, leading to outrage among the Maratha community in Maharashtra. But the Dalits arrested and convicted with capital punishment are innocent young people. All of them, except one or two, are in the age group of 25 to 35 years.

In this block, now officially called Suraksha Block 1, my great strength are these young men who are learning English, playing volley ball, carom, chess and exhibiting wonderful skills of craft, art, songs and music. One’s capital punishment was struck down by the Supreme Court and he started writing poetry with his intense feelings to live and let live, with a hope that he can be reformed. But now it seems the attitude of the society, system and parliament, reflected even in the judiciary, is to make more stringent laws and seek resolution only in the death penalty.

As a writer and rights activist, I am against capital punishment, with abundant faith in the reform of human beings, particularly the oppressed youth. I find here all my prison mates very humane in their relations with others. For me, my relatively short 10 months incarceration becomes nothing as I see them – who cannot go out of our block for years together, living cheerfully, however they spend the solitary nights. That gives me great strength, imagining the hope they live for and the yearning for life, while the noose hangs around their necks, a ray of the hope at the end of dark tunnel.

This is my daily oxygen, besides the literature and books… They are compassionate human beings in flesh and blood…

***

Among us, three are advocates by profession and one or two are studying the Indian constitution and laws being made from time to time, particularly the draconian laws because of long incarceration as political prisoners or students of politics. Their study of UAPA all through its amendments is up to date, which helped them collectively to file a petition in the sessions court challenging its jurisdiction to take our case into cognisance. On capital punishment, criminal laws and the laws against political prisoners, sedition etc they have keen insights and every day search for different judgments of the Supreme Court and different high courts.

Among us, one or more are completely involved in Dalit studies, Adivasi studies, Muslim minority studies, gender studies with Marxist outlook. Some have the background of science, environmental studies and political economy.

All of us could very well understand why the Elgar Parishad meeting on December 31, 2017 was branded as ‘Maoist provoked’ and funded, and said to have caused the Bhima Koregaon violence on January 1, 2018. (Amitav Ghosh, the renowned writer, in his letter to me in prison wrote that he lived in Calcutta as a young student during the thick of the Naxalite movement and he differs with them. But, he observes, the Bhima Koregaon violence does not look like ‘Naxalite violence, all said and done’). The fact is, everybody, including the state, knows that it was a violent Brahmanical Hindutva conspiracy against the broad unity of Dalits, Adivasis, Muslims, OBCs and even a section of Marathas, beside democrats.

***

Let me conclude with one day’s experience in court – on August 5, 2019 – which reflects our personal and collective thoughts and feelings in our prison life.

All of us – young, middle aged and old – are very sensitive and emotional human beings, particularly during incarceration, when we are constantly reading newspapers and books so that, if not in action, then at least in information, knowledge and understanding, we do not lag behind. We are political because we are human beings. For the five of the first batch, prison life has exceeded 14 months. For the second batch of four, it has been almost one year from the time of house arrest. There is only a difference of degree in the intensity of feelings.

Since we have demanded mirror or cloned copies of the alleged documents from the forensic laboratory, the court conceded and arranged for us to see the copying of required material in Nasser’s room (the administrative officer assisting the court). As per our calculations, it will take 19 years, at this pace, to supply all the copies! Of course, comfortable arrangements are made – allotting a court room in another building in the court premises, with reasonably good chairs, vada pav as lunch and tea, water bottle, good sanitation and environment.  The only problem is the escort authorities could not understand the urgency of the matter and lack time sense, because of their age-old habit of daily escorting prisoners.

This is the one occasion – with the nine of us divided in three blocks in the men’s prison and two blocks in the women’s prison – when we can meet for at least five to six hours. Though some of us will be engaged with our lawyers discussing our case, the different judgments, etc. others will be discussing health, food, books, literature and developments outside, as, except for our lawyers, none of our relatives and friends are allowed in Nasser’s room during the copying process from the time we are brought there till we are taken to the court room.

It was raining outside. Two of us were discussing writing on the otherisation of Muslims since the times of the East India Company with local comprador – Brahmanical Hindutva’s active involvement. We were referring to many authorities – the writings of Sumanta Banerjee on 19th century Bengal, the black Durga of adivasis in course of time transforming into the white Durga of upper castes, the cultural studies and PhD thesis of Prof G.N. Saibaba (now incarcerated in Nagpur Central Prison’s Anda Cell) on the novels of six Indian English writers. Most of our discussion was an attempt to build the character of Brahmanical Hindutva as comprador to colonial-imperial vested interests against ‘the other’ – Muslims, Dalits and Adivasis particularly, and the toiling masses in general.

One of our co-accused intervened in a hilarious and humorous mood, asking us whether we had read G. Sampath’s column in the Sunday magazine of The Hindu on August 4. Since almost all of us had read it, more people joined in the chat, sharing the particular pun and humorous comments about Chota Voldemort branding the urban Maoists, naming the individuals as terrorists and anti-nationals etc. Voldemort is a character and it is obvious who was Chota Voldemort.

Then our discussion shifted to Harry Potter. Some of us have not read any of the books. She suggested that it is not meant only for children and younger generations but we have to read them to understand the younger generation. She was in such a hilarious mood and while talking to us she crafted a paper bird, with a small tail and wings. If you pull the tail the bird will move its wings and ‘fly into  the sky’, into azadi. She gave it to me. We played with it for some time, but alas, we don’t have tails to be pulled so that we can fly into the sky without wings. All the time, whatever we are doing, reading, talking, sleeping, in subconscious, dreams, or awake, we yearn for freedom. Every living thing, more so the conscious human being, cherishes in their heart of hearts the deep desire for freedom.

After 4 pm, when the copying was over, we were taken to the court hall. By then we came to know that the public prosecutor has not come that day. Some said because it was Nagapanchami. She was to argue on her counter to our default bail petition on that day. The judge said she has given in writing that she will be out of station till August 12 and so the next hearing will be on August 13.

Before we were taken to the court hall, as the judge was preoccupied with other cases, we were made to sit on benches outside surrounded by guards. Two pairs of couples apparently from the working class, have come a long way from Raipur, Chhattisgarh to meet Sudha Bharadwaj. She took the permission of the escort incharge to talk to them. He arranged a guard there. The guard was seeing all through, without blinking an eyelid and hearing her very attentively. At some point, he left and requested another guard but I did not notice. That was when the ACP (IO) came out to attend to a message on his mobile and saw these four people talking to Sudha and noticed absence of a guard. He ordered the guard standing nearby to call his in-charge. He also asked something of the the four people, particularly the elderly person who looked like their leader. I could not hear him, but I could make out his body language and gestures. The escort in-charge came. It seems he was also reprimanded. I noticed Sudha was looking at the IO, very annoyed.

We were then called into court. All of us with escort and the IO had to rush into the courtroom. Immediately upon entering the room, Sudha rushed to our advocate and, it seemed, requested him to seek permission for her to speak to the judge. She came and sat beside me. Seeing her mood and emotions I could not ask what happened. The advocate requested the judge, but the judge very mechanically and leisurely told him to let her be represented by her lawyer, whatever may be the matter, how urgent it may be. Our advocate said her advocate had not come. Sudha was already rising on her feet. The judge could observe and sense her mood and reluctantly allowed her to speak.

She just rushed as a wild wind into the dock and started. “I do not have my parents. No family. I have only one daughter to claim as my family. My people are my union workers. From a long distance they came only to have a glimpse of me. They have their identity cards. The police can check them. My only request to you is let the police not harass my people.” Saying this, she came down, unburdened, and sat beside me. Gathering my courage I told her, ‘You could have said that you are an advocate and they are your clients.” She simply answered, “I am not now”.

Since the public prosecutor did not come, the judge gave the next hearing date and signed the warrants. The escort police came for us, first the woman guards took away the two women accused, and then our escort took us. By the time we stepped out, I could not find the four people [from Chhattisgarh] there. I don’t know whether Sudha got to see them. I could not ask her as their escort vehicle also was different. No way to know.

The next day, the news appeared in a Marathi newspaper. It reported what all she said in court and after the case was adjourned, it seems, journalists had also spoken to the IO or police officers available there. According to the report, the police said that those four people were from the Chattisgarh Mukti Morcha. As this was a new place for them and some harm may happen to them, they were taken to the court police chowki (thana) and put there! There was no mention in the report about whether and when they were released.

***

PS: On August 9, when we were brought again to Nasser’s office, I asked Sudha what had happened to those four persons. She said they must have been released after being questioned and having their photographs taken. “But every time this is happening and it was to stop this kind of harassment that I brought it to the notice of the judge. That’s all.”

This article by Varavara Rao has also been printed in a booklet: ‘A Quest for Freedom: The Story of Bhima Koregaon,’ published by Mumbai Rises to Save Democracy (MRSD), a coalition of 40+ organizations in Mumbai. It has been edited by The Wire for clarity, style and length.

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About Varavara Rao
A note by ‘Mumbai Rises to Save Democracy’

VV, the famous Telugu poet, has faced at least 25 cases in the last 45 years. His story can be understood through the history of these arrests and the power of his writings, his poetry, his teaching career and his political understandings and analysis of power and oppression, and the path to liberation.

VV started publishing poetry at the age of 17, in 1957 but got interested in revolutionary theory while working as a lecturer at Mahabubnagar. It was during this time that he founded a literature and poetry group called Sahithee Mithrulu and a non-political journal named Srujana to eventually join the Tirugubadu Kavulu (Rebel Poets), who were sympathetic to the armed struggle going on in Srikakulam.

During this time, VV founded the Virasam or Viplava Rachayitala Sangham (Revolutionary Writer’s Association), an association banned by the Andhra Pradesh government in August 2005. The ban was struck down by the AP high court  in November 2005.

VV has published 15 poetry collections of his own, besides having edited a number of anthologies. His poetry has been translated into almost all Indian languages and has appeared in Malayalam, Kannada, Hindi and Bengali. His thesis, ‘Telangana Liberation Struggle and Telugu Novel – A Study into Interconnection between Society and Literature‘ published in 1983, is considered to be one of the finest works of Marxist critical studies done in Telugu. While in prison, he translated the Kenyan writer, Ngũgĩ wa Thiong’o’s prison diary ‘Detained’ and his novel ‘Devil on the Cross into Telugu. He also wrote his own prison diary Sahacharulu (1990), which was translated into English as Captive Imagination.

VV was first arrested under the infamous Maintenance of Internal Security Act (MISA) in Andhra Pradesh, in 1973. He was then arrested during the Emergency and was re-arrested at the entrance of the jail and kept imprisoned for an additional week when the Emergency was lifted. He survived many attempts on his life post-Emergency.

He remains a staunch opponent of neo-liberal globalisation and specifically the globalisation policies adopted by Chandrababu Naidu’s government in the ’90s. He went as an emissary for the People’s War Group in the peace negotiations between the Andhra Pradesh government and Naxalites. After multiple rounds of the talks failed, Virasam was banned. Following the banning, Rao was arrested once again in 2005 and was released in 2006. He has been arrested four times since the formation of the new Telangana state in 2014.

VV has faced at least nine cases under the Arms Act of 1959 and the Explosive Substances Act, 1908 over the last four decades. In perhaps the most ridiculous case, he was charged with distributing bombs to ensure the success of a strike against the custodial death of a Radical Students Union activist in 1985. In response, Varavara Rao wrote a memorable poem, titled Reflection.

I did not supply the explosives
Nor ideas for that matter
It was you who trod with iron heels
Upon the anthill
And from the trampled earth
Sprouted the ideas of vengeance

It was you who struck the beehive
With your lathi
The sound of the scattering bees
Exploded in your shaken facade
Blotched red with fear

When the victory drum started beating
In the heart of the masses
You mistook it for a person and trained your guns
Revolution echoed from all horizons.

Varavara Rao is a Telugu poet and author. He has been in prison as an under-trial since November 2018, charged under the draconian Unlawful Activities (Prevention) Act.

COVID-19: Maharashtra Women Prisons Hit Hard, Safety of Children a Prime Concern

With a woman prisoner testing positive for coronavirus at Byculla prison, a look at the rise in cases in Maharashtra’s overcrowded state prisons.

Mumbai: Contrary to the claims made by the Maharashtra home and prisons department that utmost care has been taken to save prisons from COVID-19 outbreak, cases of infection have been on the rise in state prisons.

Days after 103 persons – 77 prisoners and 26 prison staff – tested positive for coronavirus infection at Arthur Road central prison in Mumbai, two more persons – one prisoner and one doctor – have been reported to be infected in Byculla Women’s Prisons.

The prisoner, a 54-year-old woman – had undergone the test twice. While her first test showed a negative result, the subsequent test has come out positive. Prison officials confirmed that she was taken to the state-run JJ hospital after she showed signs of acute breathing problems. “She has been moved to St George hospital right now,” a senior prison official attached with the Byculla prison said. Similarly, another medical officer, who the prison authorities claim to have not reported to work for over 20 days has also tested positive.

As on March 31, Byculla prison had 352 prisoners as against its actual capacity of only 200 prisoners, which translates to an occupancy rate of a whopping 176%. Although it has been designated as a special prison meant to only accommodate female prisoners, male prisoners – arrested for petty crimes –  are also lodged at a single ward built inside the prison premise.

Also read: 103 Test COVID-19 Positive in Mumbai’s Arthur Road Jail, Authorities Say Worst Yet to Come

However, after the Supreme Court’s order to decongest prisons across the country, nearly 147 prisoners have been released from Byculla prison, member secretary of Mumbai district legal service authority (DLSA) Yatin Game confirmed.

Among those lodged at the Byculla prison includes civil rights activist and lawyer Sudha Bharadwaj and retired professor of Nagpur University Shoma Sen. Both women have been booked under the stringent Unlawful Activities (Prevention) Act for their alleged role in the Elgar Parishad case handled by the NIA.

So far, three prisons – Arthur Road Central Prison, Byculla women prison and Satara district prison – have reported cases of COVID- 19 infection.

File image of Arthur Road jail in Mumbai. Photo: PTI/ Mitesh Bhuvad

Children in jail

The concern right now is of the 26 children, all between 0- 6 years of age, who have been lodged with their mothers in the jail. These children, since the lockdown started, have been moved to a separate ward with their parents, the prison authorities have claimed.

In 2006, the Supreme Court had issued guidelines in the RD Upadhyay vs State of AP case to ensure that certain basic standards are observed with regard to children of women prisoners. The court had observed that although prison is no place to raise a child, they may have to stay in jail for no fault of their own. Given their reasoning that children should not be separated from their mothers in their formative years, especially when there are no close family members willing or available to take care of them, the court had said that children should be allowed to stay with women prisoners till the age of six, but not after that.

The state, however, had to ensure that the fundamental rights of children in prison is protected and they are entitled to food, shelter, medical care, clothing, education and recreational facilities as a matter of right.

The situation that most children are exposed to right now is a matter of concern, Vijay Doiphode, chairperson of the Child Welfare Committee (CWC) in Mumbai city said. “Children can at no cost be kept in such unsafe place. Special arrangement needs to be made to move both children and their mothers to a safer space on an urgent basis,” Doiphode said.

Also read: Maharashtra Prisoner Released on Parole Says Jails Unprepared to Handle COVID-19 Pandemic

Since the lockdown was imposed, most prisons in the state had stopped taking in new prisoners. Even then, the cases have only spiked. Besides Byculla, in Kalyan district jail, around 16 children are lodged with their mothers. In all, there are at least 100 more children across the state prisons.

State of women’s prisons in India

Though Maharashtra has 60 prisons, it has only one prison specially designed to house female prisoners. In all, there are just 24 women jails with a total capacity of 5,593 prisoners across 15 states and union territories. Since special women prisons are sparse, most women prisoners are lodged in a small confined space run for male prisoners. The prison systems are structured and run with male prisoners at the centre and most arrangements, however deficient, are made to suit them, while women prisoners’ needs are invariably overlooked.

The high-power committee, constituted following the apex court order on March 16, has met four times so far, twice in the month of March and two times in April. The committee, headed by the sitting judge of the Bombay high court A.A. Sayed, is scheduled to meet on May 11. DLSA member secretary Game said that women and children is one of the concerns that will be taken up in the next meeting.

“We are trying to device newer ways to get more women, especially those with children, released,” Game said.

Women in maximum cases are booked as the co-accused for aiding or helping their male counterparts in a crime. “These women are mostly dependent on the male members of the family who are already incarcerated in another prison. Also, most women in Mumbai’s prison are from other district or in some cases even from other states. It is a practical problem right now,” Game added.

Efforts made to decongest state prisons so far

The state home minister had claimed that at least 11,000 prisoners would be released on emergency bail and parole to decongest state prisons. However, so far only 5,500 prisoners have been released. Of them, 1,300 have been released from just four jails in Mumbai – Arthur Road central prison, Byculla Women’s Prison, Thane Central Prison and Taloja Central prison. The state home department is yet to decide on the release of convicted prisoners.

Also read: In the Time of Coronavirus, the Right to Bail is Part of an Undertrial’s Right to Life

In all, Maharashtra has 60 prisons with a capacity of 24,032 prisoners. At the end of March, over 36,000 people were lodged in prisons across the state. Among them, Arthur Road central prison remains one of the most crowded, with close to 2,800 prisoners when the prison capacity is only of 804 people.

On March 23, the Arthur Road prison superintendent N.B. Vaychal had raised concerns over the increasing load in his prison. In a letter written to the Chief Metropolitan Magistrate, Vaychal had said that over 3,700 prisoners have been lodged in a space for 800 persons and it is becoming difficult to handle the burden, more so at the time of a global pandemic. He had sought for an arrangement of urgent bail for those booked under petty offences, and “temporary bail” for those booked under grave charges.

The letter, however, was not acted upon. Instead, some prisoners were moved to Taloja Central Jail.

The letter written by Arthur Road Central Prison superintendent N.B. Vaychal in March.