Verse Affairs: Writing Kites From the Prison to the World

A new anthology brings together poetry written by poets who have been incarcerated.

Urdu poet Faiz Ahmed Faiz was arrested on March 9, 1951 on charges of trying to overthrow the Pakistani government under Prime Minister Liaquat Ali Khan and replace it with a Soviet-style communist government. The subsequent trial of Faiz and his alleged co-conspirators was called the Rawalpindi Conspiracy Case; the poet was sentenced to four years in prison.

This was his first incarceration in Pakistan, at the end of which he went into exile in the West. The story goes that while in jail, he was taken to the dentist in a horse-drawn tonga one day. On the road, people recognised him and started following him. This incident inspired Faiz to write his famous ghazal: “Aaj bazar men pa-ba-jaulan chalo (Let us walk through the market in shackles)”. Its melancholic rebelliousness has made it an anthem for all rebellious spirits across South Asia.

For, in Your Tongue, I Cannot Fit : Encounters With Prison by Shilpa Gupta (editor), Salil Tripathi (editor). (Context, November 1, 2022)

Faiz is one of the poets included in a new anthology For, In Your Tongue, I Cannot Fit: Encounters With Prison, edited by artist Shilpa Gupta and poet and journalist Salil Tripathi. The book is the textual avatar of an eponymous exhibition on which Gupta worked in 2017, in response to a growing atmosphere of intolerance in India, which, as we now know, was the first symptom of the country’s democratic backsliding. Gupta had read Tripathi’s talk and her work took a new direction as she decided to celebrate poets who had been incarcerated.

“Writers, thinkers and activists were being murdered,” write Gupta and Tripathi. “First was Narendra Dabholkar. Then, writer Govind Pansare and his wife, Uma, were shot at by unidentified gunmen in broad daylight. …Next was the writer and rationalist M.M. Kalburgi.” Even as the exhibition went live in Edinburgh in 2018, journalist Gauri Lankesh was shot dead outside her home in Bengaluru.

But it was not only in India that poets and writers were being targeted by undemocratic forces. In Bangladesh, secular bloggers and writers were being hacked to death by suspected Islamists and imprisoned by their government. In Pakistan, Baloch poet Rehmatullah Shohaz was shot dead near his hometown Buleda on July 21, 2015. Liu Xiaobo, who had been in prison in China since 2009 and was prevented from receiving his 2010 Nobel Peace Prize in person, was released on medical parole in 2017, but soon succumbed to cancer.

W.H. Auden had infamously declared in his poem on W.B. Yeats: “(P)oetry makes nothing happen: it survives / In the valley of its making.” But autocratic governments around the world seemed to believe otherwise, and they put poets and writers in prison with alarming regularity. “In recent years, governments in Cameroon, Cuba, China, India, Iran, Kazakhstan, Myanmar, Saudi Arabia, Turkey, Uganda, Vietnam, among many others, have jailed poets,” writes Tripathi, who till recently served as the chair of PEN International’s Writers in Prison Committee, in his essay The Poet’s Work, included in the book under review.

Russia, too, has joined this list. On September 26, 2022, armed police broke into the house of Artyom Kamardin and his girlfriend Aleksandra Popova, after the former put up a YouTube video with a poem deriding the war in Ukraine. Kamardin was allegedly beaten up by the police and raped, while Popova was threatened with gang rape, reported Amnesty. The poet was forced to post an apology video and was taken away to an undisclosed location, reminding people all over the world of Soviet-era disappearances of poets and writers. Osip Mandelstam, one of the Russian poets who died in the Gulag, has been included in this volume.

It successfully provides a historic overview of poets in prison. “The earliest poem is from the 8th century, and there are contemporary poems by poets who are still in prison, or in hiding,” write the editors in their introduction. These include figures such as Giordano Bruno, a 16th century Italian philosopher, poet, and occultist, who was burned at the stake by the Catholic Inquisition.

Allen Ginsberg, who was charged with obscenity in the US in the 1950s for his poem ‘Howl’ that described sex between two men in graphic detail as well as Malay Roychoudhury, the Bengali poet and founder of the mercurial Hungry Generation, who was charged with obscenity in India in the mid-1960s for his poem ‘Stark Electric Jesus’ are included in this volume. Ginsberg had met Roychoudhury during his travels in India and came to his defence.

Other poets from South Asia include Habib Jalib (Pakistan) and Majrooh Sultanpuri (India), both imprisoned by the governments of their countries for leftist politics. Also included in this collection are Ram Prasad Bismil, who was hanged by the British for his revolutionary activities on December 19, 1927, and Kazi Nazrul Islam, the revolutionary poet of Bengal, who was imprisoned for several years for participating in the Indian freedom movement.

Faiz’s poem included in the book is ‘Speak’, an English translation by V. G. Kiernan of his Urdu poem ‘Bol’:

Speak, for your lips are free;

Speak, your tongue is still yours,

Your upright body is yours –

Speak, your life is still yours.

Besides the poets included in the original exhibition, the book also brings together others such as Varavara Rao, who was arrested in 2018 in the Bhima Koregaon case, and Karthika Naïr’s shape poem ‘Handbook for Aspiring Autocrats’.

Essays by novelist Nilanjana S. Roy, constitutional lawyer Gautam Bhatia, Devangana Kalita and Natasha Narwal, both of whom were imprisoned, and Umar Khalid, who continues to languish in prison on charges of abetting violence during the 2020 Delhi riots, map out the landscape of revolutionary desires, the limits of freedom, and the utility of poetry for those in prison.

Literature scholar Doran Larson, in her essay Toward a Prison Poetics (2010), argues that “prison writing bears not only a common subject but recurrent, internal, formal traits.” Prison writing, then, becomes a genre in itself, like travel writing or war writing, informed by the shared experience of incarceration but also the peculiarities of individual experiences. As poets and writers continue to be imprisoned by autocratic regimes for their words, this genre will grow.

Amy Washburn in her essay The Pen of the Panther writes that Black Panther poet Ericka Huggins’ work was often seized by prison authorities under the premise that she was writing “kites” — messages to other prisoners in prison slang. If one might extend this metaphor, it is possible to imagine that poems written by incarcerated poets are like “kites” to the world outside, soaring into the un-imprisonable skies beyond the prison walls. This gives us hope.

Uttaran Das Gupta is a New Delhi-based writer and journalist. He teaches at O.P. Jindal Global University, Sonipat, and writes a fortnightly column on poetry, Verse Affairs, for The Wire.

Note: An earlier version of this article stated that the exhibition mentioned was a collaboration between Shilpa Gupta and Salil Tripathi. It has been edited to reflect that the exhibition was only Gupta’s, though she was influenced by Tripathi’s work.

Supreme Court Dismisses NIA’s Challenge to Anand Teltumbde Getting Bail

The Bombay high court on November 18 had granted bail to Teltumbde, arrested in the Elgar Parishad case, noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it.

New Delhi: The Supreme Court on Friday dismissed a plea filed by the National Investigation Agency (NIA) against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad case.

A bench comprising Chief Justice D.Y. Chandrachud and Justice Hima Kohli said it would not interfere with the Bombay high court order granting bail to Teltumbde.

The high court on November 18 had granted bail to Teltumbde, noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it, for which the maximum punishment is 10 years in jail.

The high court, however, had stayed its bail order for a week so that the NIA, the probe agency in the case, could approach the Supreme Court.

According to LiveLaw, the top court added that the high court’s observations regarding the merits of the case will not be treated as conclusive final findings during trial.

Also Read: Elgar Parishad Case: Granted Bail on ‘Merits’, Bombay HC Order on Anand Teltumbde Is Significant

During the hearing on Friday, CJI Chandrachud asked what role is attributable to Teltumbde. “What is the specific role to bring UAPA sections into action? The IIT Madras event you alleged is for Dalit mobilisation. Is Dalit mobilisation preparatory act to proscribed activity?” the CJI asked ASG Aishwarya Bhati, who was appearing for the NIA, according to LiveLaw.

“In this matter there are charges under as many as 8 Sections of UAPA…The high court errs in this that it says that the material that the prosecution has shown does not inspire confidence qua Section 15, 18 and 20,” ASG Bhati submitted. She cited documents which reveal Teltumbde’s alleged “deep involvement” with the banned CPI (Maoist).

However, Teltumbde’s lawyer Kapil Sibal told the court that none of these documents were recovered from Teltumbde. The emails purportedly sent by Teltubmde were allegedly recovered from the computer of co-accused Rona Wilson, who was the target of a cyberattack in which documents were planted on his laptop.

According to LiveLaw, Sibal also said that Teltumbde was estranged from his brother Milind Teltumbde – a Maoist leader who was killed in an encounter with security forces last year – in response to the prosecution’s claim that Milind was “inspired” by Anand.

“I have not met him for last 30 years”, Sibal said. The NIA’s case linking Milind to Anand is based on a hearsay evidence, which is given in a statement recorded under Section 161 CrPC, which is inadmissible in evidence,” Sibal said.

Teltumbde, 73, is the third accused of the total 16 arrested in the Elgar Parishad case to be released on bail. Poet Varavara Rao is currently out on bail on health grounds while lawyer Sudha Bharadwaj is out on default bail. However, Teltumbde is the first to get bail on the grounds of the merits of the case.

Gautam Navlakha was shifted to house arrest. One of the accused, Jesuit priest Stan Swamy, died while in custody after contracting COVID-19.

(With PTI inputs)

SC to Hear on Friday NIA Appeal Against Bail to Anand Teltumbde

The Bombay high court on November 18 granted bail to Teltumbde noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it.

New Delhi: After the National Investigation Agency (NIA) on Tuesday moved the Supreme Court against the bail granted to scholar-activist Anand Teltumbde in the Elgar Parishad case, the top court agreed to hear the matter on Friday.

A bench headed by Chief Justice of India (CJI) D.Y. Chandrachud took note of the submissions by solicitor general Tushar Mehta that the stay on the operation on the high court’s bail order is for a week only and the matter needed an urgent hearing.

The solicitor general, at the outset, said the NIA has filed the appeal and the plea has been numbered and may be listed for an urgent hearing.

“Let us hear this at 12:45 pm (today itself),” said the bench which also comprised Justices Hima Kohli and J.B. Pardiwala to which the law officer said, “My colleague, who is not present today, will argue. Please hear it (appeal) on Thursday.”

“We will hear it on Friday,” the CJI then said.

Lawyer Aparna Bhat, appearing for Teltumbde, said she was appearing on caveat and asked for a copy of the NIA’s plea. The SG said the copy will be provided to the counsel for the accused.

The Bombay high court on November 18 granted bail to Teltumbde noting that prima facie the only case made out against him relates to alleged association with a terror group and support given to it, for which the maximum punishment is 10 years in jail.

Teltumbde, 73, is the third accused of the total 16 arrested in the case to be released on bail. Poet Varavara Rao is currently out on bail on health grounds, and lawyer Sudha Bharadwaj is out on default bail.

Alleging that the high court has conducted a roving inquiry and a mini-trial, the NIA in its plea before the top court said the high court perused the charges in the chargesheet in isolation and made observations that would influence the trial.

“The observations of the high court that no prima facie case is made out against the respondent herein is contrary to the observations made by this court in the case of the very same respondent seeking pre arrest bail…”

“The said order also fails to take into account the cumulative effect of all the earlier proceedings moved by the present respondent in the instant case where all reliefs have been denied by each forum so approached holding that there is a prima facie case as against the respondent herein,” the plea said.

The plea contended that the high court has conducted a roving inquiry and a mini trial by intricately examining the evidence on record which is contrary to the law laid down by this court.

“The high court perused the charges in the charge sheet in isolation and made observations that would influence the trial erring to notice that laws dealing with national security and national integrity should be interpreted and applied with a strict yardstick as compared to other laws.

“That the high court went into so much analysis in detail in order to grant bail to the respondent herein and thus held that no prima facie case is made out,” the NIA said.

The plea contended that Teltumbde is a senior and active member of CPI (Maoist) working in urban areas.

“The respondent herein was instrumental in organising fact finding missions on the directions of CPI (Maoist) which had allocated Rs 10,00,000 for the purpose of his international campaign and visits in furtherance of CPI (Maoist) agenda and is the brother of Milind Teltumbde who was eliminated in an encounter with the security forces who was deeply inspired by the respondent herein,” the plea said.

Teltumbde has been lodged at the Taloja prison in Navi Mumbai since his arrest in the case in April 2020.

The activist had moved the high court last year after a special court refused to grant him bail.
He had claimed that he was neither present at the December 31, 2017 Elgar Parishad event held in Pune city, nor had made any provocative speech.

The NIA’s claim is that Teltumbde was one of the main conveners of the Elgar Parishad and he was an active member of several frontal organisations of the CPI (Maoist).

Teltumbde is lodged at the Taloja prison in Navi Mumbai since his arrest in the case in April 2020.

The high court had granted bail to him on a surety of Rs 1 lakh.

He moved the high court last year after a special court refused to grant him bail. He had claimed that he was never present at the December 31, 2017 Elgar Parishad event held in Pune city, nor made any provocative speeches.

The prosecution’s case was that provocative and inflammatory speeches were made at the event, allegedly backed by banned CPI (Maoist), which later led to violence at Koregaon Bhima village near Pune.

The accused in the case have been charged with waging a war against the nation, being active members of the CPI (Maoist), criminal conspiracy and indulging in acts with an intent to strike terror in the minds of people using explosive substances.

The trial court is yet to frame charges in the case, only after which trial would commence.

(With PTI inputs)

Elgar Parishad Accused Systematically Denied Medical Treatment: Family Members

In a statement, the family members said that in yet another “act of criminal negligence”, the prison authorities of Taloja Central Jail have delayed medical treatment to Vernon Gonsalves.

New Delhi: After the health of Vernon Gonsalves deteriorated due to the alleged negligence of prison staff, the family members of people accused in the Elgar Parishad case have slammed the pattern of “systematically” denying medical treatment to the prisoners and accused the authorities of “criminal negligence”.

Gonsalves, arrested for his alleged role in the case, was recently admitted to the state-run JJ Hospital in Mumbai. As per his lawyer, the activist he had been diagnosed with dengue and was on oxygen support.

The Elgar Parishad-Maoist links case, in which over a dozen activists and academicians had been named accused, was initially probed by the Pune police and later taken over by the National Investigation Agency.

In a statement issued on Saturday, the family members of these arrested activists sought state intervention in the functioning of prison authorities to ensure speedy treatment to all “political prisoners”.

Citing Gonsalves’ condition, the statement claimed medical treatment was delayed and that it was yet another act of “criminal negligence” on the part of authorities of the Taloja Central Jail in neighbouring Navi Mumbai, where he was lodged.

“Gonsalves (65) had fever on August 30, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail for almost a week. After much pleading, he was taken to the JJ Hospital on September 7 and was given oxygen support,” the family members said.

“However, instead of continuing his treatment, he was callously brought back to jail where his condition continued to worsen. It is only after his lawyer and wife, Susan Abraham, approached court and obtained an order that the prison authorities finally admitted him in the emergency ward of the JJ Hospital, where he is still under treatment,” the statement said.

They cited the recent deaths of several undertrial prisoners, including Father Stan Swamy, after allegedly being denied prompt medical attention.

“It has barely been a year since Father Stan Swamy, also an accused in the Elgar case, passed away while still a prisoner after being denied prompt treatment following COVID-19,” it claimed.

“Similarly, it was only very recently that we heard the shocking news of the death of Pandu Narote, a 33-year-old Adivasi, in Nagpur jail where he was convicted under various UAPA charges for having Maoist links,” the statement said.

Narote’s lawyer also alleged that his death was caused due to gross negligence by the prison authorities, the family members alleged.

The statement also raised the health condition of PhD scholar Atiqur Rahman, accused in the Hathras conspiracy case. “Rahman was allowed to undergo heart surgery in AIIMS only after much campaigning and a court order, and yet was not allowed proper post-operative care. Today his left hand has been paralyzed and his family and lawyers are struggling to get him bail for further treatment,” the family members said.

They also expressed concern about the deteriorating condition of G.N. Saibaba, who is suffering from multiple ailments which need special attention – which is not being provided by the jail authorities.

Talking about poet-activist Varavara Rao, another accused in the case, the statement said he too was subjected to inhuman treatment in jail where he was denied proper medical care in spite of his age and various serious ailments.

It was only last month that he could acquire a medical bail from the Supreme Court.

The others accused in the case have also been systematically denied medical treatment, the family members said. They demanded the state should immediately and urgently intervene in the functioning of prisons to ensure the speedy treatment to all “political prisoners” such as Gautham Navlakha, Hany Babu and others, they said.

“We also demand the immediate release of political prisoners who are languishing in jail as undertrials for years. If the state is incapable of guaranteeing their safety and security in prison, it would be better that courts intervene to grant bail to these political prisoners so that their precious lives are saved,” they said.

The full statement and the signatories are reproduced below.

§

In yet another act of criminal negligence, the prison authorities of Taloja Central Jail, Maharashtra, have delayed medical treatment to Vernon Gonsalves, a prominent activist and one of the accused in the Bhima Koregaon – Elgar Parishad case.

Gonsalves, who is 65 years old, fell ill with fever on August 30th, and even though his condition was steadily deteriorating, he was treated with just paracetamol and antibiotics in jail, for almost a week. After much pleading, he was taken to JJ hospital on Sept 7 and was given oxygen support. However, instead of continuing his treatment he was callously brought back to jail where his condition continued to worsen.

It is only after his lawyer and wife, Susan Abraham, approached the court and obtained an order, that the prison authorities finally admitted him in the emergency ward of JJ hospital, where he is still under treatment. What is even more concerning here is that it was barely a month ago that the NIA court had denied mosquito nets for the Bhima Koregaon accused in a petition by Gautham Navlakha.

Both international treaties and prison manuals in India are clear about the fact that prisoners have the unalienable right to health care, including the right to not contract diseases in prison. However, the overcrowding of prisons in India, mainly due to the high number of undertrials, has led to prisons becoming hazardous to the life and health of its inmates. In addition to this, we see prison authorities behaving with absolute impunity by refusing to accord treatment in time, thereby leading to severe complications in many sick prisoners, and often, even death. Though VIP prisoners are often given preferential treatment in Indian jails, it is often the underprivileged and the political prisoners, who are subjected to such inhuman conduct.

In the Bhima Koregaon case itself, it has barely been a year since Father Stan Swamy, prominent activist and priest, passed away while still a prisoner, after being denied prompt treatment following Covid.

Similarly, it was only very recently that we heard the shocking news of the death of Pandu Narote, a 33 year old Adivasi man in Nagpur jail where he was convicted under various UAPA charges for having Maoist links. Narote’s lawyer has also alleged that his death was caused due to gross negligence by the prison authorities.

We are also witness to the disturbing case of PhD scholar Atiqur Rahman, who was arrested on his way to Hathras, after the brutal rape of a Dalit woman in 2020. Rahman was allowed to undergo heart surgery in AIIMS only after much campaigning and a court order, and yet was not allowed proper post-operative care. Today his left hand has been paralyzed and his family and lawyers are struggling to get him bail for further treatment.

Similarly, it is only very recently that 7 human rights organisations including Amnesty, had come out with a statement on the deteriorating condition of Dr G N Saibaba, who is suffering from multiple ailments such as a heart condition, a cyst in the brain, breathing problems and hypertension, most of which need specialist attention, which is not being provided by the jail authorities.

More importantly, it should be noted that the superintendent of Taloja prison, who delayed treatment to Vernon Gonsalves, is the same official who was in charge when Kanchan Nannavare who was arrested for Maoist links, died after a brain surgery, which was conducted on her, without informing her husband, who is also a political prisoner, lodged in a Pune prison.

In the Bhima Koregaon case too, Varavara Rao, famous Telugu poet and activist was also subject to inhuman treatment in jail where he was denied proper medical care in spite of his age and various, serious ailments. It was only last month that he could acquire a medical bail from the supreme court.

Other political prisoners in the Bhima Koregaon case, have also been systematically denied medical treatment. Last year, Dr Hany Babu, the 12th accused in the case, contracted an extremely serious eye infection after covid and his lawyers and family had to approach the courts to ensure proper treatment.

Even today, he suffers from blurred vision due to an increase in power, for which he needs to be checked, and the prison authorities have not yet allowed it.

Gautam Navlakha, prominent activist and journalist who was also arrested in the Bhima Koregaon case is also being denied proper checkups for his dental treatments, allergy attacks and skin rashes. More worryingly, Navlakha who is supposed to undergo colonoscopy every two years, has not been taken for the same, though he is at high risk for stomach cancer, due to family history and the presence of polyps in his colon. He was also denied his medical records in spite of a court order.

It is the primary responsibility of the state, the courts, and most importantly, the prison authorities, to take care of the health and life of the inmates who are under their custody. Yet, as per The National Crime Records Bureau, thousands of prisoners perish in Indian jails, with simple infections turning to septicemia and curable fevers leading to fatalities as in the case of Pandu Narote.

Various judgements in the higher courts of India, have time and again reiterated the fact that prisoners cannot be denied their fundamental rights just because they are imprisoned. In fact, in the prominent case of Parmanand Katara Vs Union of India (1989 AIR 2039), the Supreme Court had maintained that the state is obliged to take care of a prisoner’s life whether he is deemed guilty or innocent, as the per the right to health, which is a fundamental right given to all Indian citizens, in Article 21 of the constitution. In spite of this, the state and its prisons in India, are making a mockery of our constitution and courts, by acting in a most irresponsible manner, when it comes to the life and health of prisoners.

Today, our prisons are killing fields, where the poorest of the poor perish without prompt treatment and where prominent political prisoners have to move court for a right that is guaranteed to them by the constitution. We strongly condemn this state of affairs and demand that proper action for criminal negligence is taken against all those officials who are responsible for the death of prisoners in jail. We demand that compensations are provided for the families of such prisoners and we also demand action against those officials who are responsible for the death of Kanchan Nannaware, Father Stan Swamy and Pandu Narote.

We demand that the state immediately and urgently intervene in the functioning of prisons so as to ensure speedy treatment for all prisoners, thereby preventing complications and death. We also demand speedy treatment for political prisoners such as Dr G N Saibaba, Atikur Rahman, Gautham Navlakha and Dr Hany Babu.

Given that the overcrowding of prisons, and shortage of staff to provide escorts is one of the main reasons that is leading to such negligence regarding the health of prisoners, we demand that a mechanism is set in place for providing speedy bail to the undertrials who fill Indian prisons.

We also demand the immediate release of political prisoners who are languishing in jail as undertrials for years. If the state is incapable of guaranteeing their safety and security in prison, it would be better that the courts intervene to grant bail to these political prisoners, so that their precious lives are saved.

Susan Abraham (Vernon Gonsalves)
Jennifer Ferriera (Arun Ferriera)
Roy Wilson (Rona Wilson)
Pranali Parab (Ramesh Gaichor)
Minal Gadling (Surendra Gadling)
Rama Ambedkar (Anand Teltumbde)
Sahba Hussain (Gautam Navlakha)
Sharad Gaikwad (Sudhir Dhawle)
Monali Raut (Mahesh Raut)
Fr. Joe Xavier (Fr. Stan Swamy)
Dr. Jenny Rowena (Hany Babu)
Surekha Gorakhe (Sagar Gorkhe)

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.

Of 16 Arrested Accused in Elgar Parishad Case, One Dead, Two Out on Bail and Rest in Jail

With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.

Mumbai: With the Supreme Court stipulating that charges in the Elgar Parishad-Maoist links case be framed within the next three months, the focus has shifted now to the status of the accused.

In the case that is being probed by the National Investigation Agency (NIA), of the total 16 arrested accused, Jesuit priest Stan Swamy died at a private hospital here last year during judicial custody, while Telugu poet Varavara Rao is currently out on medical bail.

Only one accused – Sudha Bharadwaj – is out on regular bail, which was granted to her by the Bombay high court in December last year, while 13 other accused are currently lodged in different jails.

The accused in the case have been charged with waging war against the nation, being active members of the banned terror outfit CPI (Maoist), criminal conspiracy and indulging in acts with an intent to strike terror in the minds of people using explosive substances.

The NIA in its draft charges sought to charge the accused under various provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The court is yet to frame charges in the case, only after which trial would commence.

The case relates to alleged inflammatory speeches delivered at the Elgar Parishad conclave, held at Shaniwarwada in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the city’s outskirts. The Pune Police, which probed the case before it was transferred to the NIA, claimed the conclave was backed by Maoists.

What is the status of the accused persons arrested in the case?

Activist Sudhir Dhawale was one of the first people to be arrested in the case in June 2018. He is presently lodged at the Taloja prison and has been accused of being an active member of the terror outfit. In July this year, a special NIA court rejected his bail plea.

Activist Rona Wilson was arrested in June 2018 from his home in Delhi and has been in jail since then. He has been described as one of the top brass of urban Maoists. His bail plea was rejected by the special court in July 2022. Wilson was granted temporary bail for 14 days by the special NIA court in September 2021 to attend a mass organised for the 30th-day ritual following his father’s death. He surrendered at the end of the 14-day period.

Lawyer Surendra Gadling was arrested in 2018 and has been in jail since then. According to the NIA, Gadling is an active member of CPI (Maoist) and was involved in the fund-raising activities and disbursement of the same. NIA also alleged that Gadling guided the violence at Koregaon Bhima in Pune. He too was refused bail by the special court in July 2022.

Professor Shoma Sen was arrested in June 2018 and has been lodged in the Byculla women’s prison since then. She had in 2021 sought bail on medical grounds and rising COVID-19 cases. The special NIA court, however, rejected her bail plea. In July 2022, the court also rejected her plea seeking default bail.

Activist Mahesh Raut is accused of spreading Maoist ideology and attempting to recruit students to join the Naxalite movement. It is alleged by the NIA that Raut had passed on Rs 5 lakh to the co-accused in the case for the Elgar Parishad event. He was arrested in 2018 and is still behind bars. His default bail plea was rejected by the special court this year.

Eighty-two-year-old Telugu poet Varavara Rao was granted medical bail by the Supreme Court on August 10, 2022. Last year, the Bombay high court granted him temporary bail on medical grounds. He was arrested in August 2018 and was in jail till February 2021 when HC granted him temporary bail. He is accused of being a senior and active member of the banned group.

Social activist and lawyer Arun Ferreira was arrested in the case in August 2018 and is presently lodged at the Taloja prison. He had sought default bail in the case but it was rejected by both the special court and the Bombay high court in February this year. Ferreira is accused of taking an active part in the Maoist movement.

Vernon Gonsalves was arrested in the case in August 2018 and is presently lodged at the Taloja prison. His bail plea was rejected by both the special court and the high court following which he approached the Supreme Court seeking bail.

Activist Sudha Bharadwaj is the only accused in the case who is out on default bail that was granted to her by the Bombay high court in December 2021. She was arrested in August 2018 and was in jail till December 2021 when she was released on bail. As per NIA, Bharadwaj was an active member of CPI (Maoist).

Anand Teltumbde, an activist and scholar, was arrested by the NIA in April 2020 after he surrendered following no relief of anticipatory bail from the Supreme Court. He is presently lodged at the Taloja prison and his bail plea has been rejected by the special court.

Seventy-year-old activist Gautam Navlakha was arrested in the case in August 2018 and has been lodged at the Taloja prison since then. In October 2021, he was shifted to the Anda Cell (high-security barracks) and has been kept in solitary confinement since then, his partner Sahba Husain claimed.

Delhi University associate professor, Hany Babu was arrested in July 2020 in the case and is presently lodged at the Taloja prison. He recently moved HC seeking bail which is yet to be heard. The NIA has accused Babu of being a co-conspirator in propagating Maoist activities and ideology on the instructions of CPI (Maoist) leaders.

Jesuit priest Stan Swamy, 83, died while in judicial custody. He had sought medical bail from the HC. Pending hearing of the same, he was shifted to a private hospital where he died on July 5, 2021. He was arrested by the NIA in October 2020 and was lodged at the Taloja prison till he was shifted to a private hospital in May 2021.

Sagar Gorkhe, a singer and anti-caste activist, was arrested by the NIA in September 2020. He is presently lodged at the Taloja prison.

Ramesh Gaichor was arrested by the NIA along with Gorkhe and is also lodged at the Taloja prison. The duo is accused of being part of a group that organised the Elgar Parishad meeting where inflammatory speeches were made.

Jyoti Jagtap, a member of the Kabir Kala Manch, was arrested in September 2020 on the charge of propagating Naxalite activities and Maoist ideology. She is presently lodged at the Byculla women’s prison in Mumbai.

(PTI)

SC Grants Varavara Rao Permanent Bail on Medical Grounds

The apex court has deleted the condition imposed by the Bombay high court under which the activist had to surrender in three months from April.

New Delhi: The Supreme Court has granted activist and poet Varavara Rao – held as an undertrial in the Elgar Parishad case since August 28, 2018 – permanent bail on medical grounds.

Out on medical bail since March 6, 2021, the 82-year-old had moved the Supreme Court for permanent bail on the same grounds after his plea was rejected by the Bombay high court on April 13.

The apex court has deleted the condition imposed by the high court, which had said that he should surrender in three months.

A bench of Justices U.U. Lalit, Aniruddha Bose and Sudhanshu Dhulia took into account Rao’s age, his medical conditions and also the two-and-half years he spent in custody, LiveLaw has reported.

“The medical condition of the appellant has not improved to such an extent over a period of time that the facility of bail which was granted earlier be withdrawn. Considering the totality of circumstances, the appellant is entitled to bail on medical grounds,” the bench said, according to LiveLaw.

The bench observed the fact that charges are yet to be framed in the case – even though a charge sheet has been filed.

“The trial will take at least 10 years even if it starts today and there are 16 accused,” Rao’s lawyer Anand Grover submitted.

Of the 16 arrested in the case, Jesuit priest Father Stan Swamy passed away in custody last year. His associates allege that serious medical negligence led to his death.

“How long should I be in jail? Till death? I should die in jail. They want me to die in jail like Stan Swamy,” Grover said, at another part of the hearing.

Additional solicitor general S.V. Raju, appearing for the NIA, said the accused were to be blamed for delaying the trial by filing repeated applications. Raju also argued against Rao being at risk of Parkinson’s disease and held that his health condition “was not very serious.”

Rao, who has early signs of Parkinson’s disease according to his counsel, had submitted to the apex court that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”

‘Age not relevant’

Justice Lalit, during the hearing, noted that the investigating officer had “sufficient opportunity” to interrogate Rao in custody. To this, ASG Raju appeared to allege that during that period too, he was “in hospital most of the time.”

Noting that it was not the NIA’s case that Rao has misused his liberty, Justice Lalit asked the ASG how “long it will take for the trial to complete.” Raju said it will take one and a half years.

Citing the UAPA charges against Rao, Raju said, “Age is not relevant owing to the gravity of the offences. Please see his conduct. He is trying to overthrow the democratically elected government.”

After the Supreme Court announced its verdict, ASG Raju said, “Now many will come for bail saying he has a headache.” Hearing this, the bench laughed, according to LiveLaw‘s live tweets from the hearing.

As part of bail conditions, Rao has been asked not to leave the Greater Mumbai area without permission from the Special NIA Court of Mumbai. He cannot “in any way misuse his liberty, nor shall he get in touch with any of the witnesses or try to influence the course of investigation,” the court said.

Rao also has to keep the NIA, which is investigating the Elgar Parishad case, abreast of medical attention received by him.

The Elgar Parishad case has been criticised internationally as a witch-hunt against activists, scholars and lawyers who are critics of the establishment and assist marginalised communities.

Grover also noted during the hearing that in the chargesheet of the case, “no death at all” and “no terrorist” activity has been pinned to the accused. “It is all based on electronic evidence which we are disputing,” he said.

In late June this year, security researchers in the United States claimed that they had unearthed evidence that links the Pune police to the hacking of e-mail accounts of not only Varavara Rao but also Rona Wilson and Delhi University professor Hany Babu. This is the first time that the state’s involvement has been directly established in the case.

Amnesty International, in its responses to the Supreme Court-appointed panel to investigate alleged misuse of the Pegasus spyware in India, said it has confirmed that Rona Wilson – another accused in the Elgar Parishad case – was targeted. His phone was compromised “by a government customer using the Pegasus spyware tool in the weeks and months before he was arrested by Indian authorities”, the human rights organisation said.

“Eight defendants in the Bhima Koregaon case, including Rona Wilson, were also listed as potential Pegasus targets in the Pegasus Project dataset before their subsequent arrests,” it added.

Final Hearing on Varavara Rao’s Plea for Permanent Bail on August 10: SC

The bench observed that in a matter like this where only the medical condition is the issue, it is not something which would require an extensive hearing.

New Delhi: The Supreme Court on July 19 sought response from the National Investigation Agency (NIA) on a plea filed by Bhima Koregaon case accused, P. Varavara Rao, seeking permanent bail on medical grounds.

A bench headed by Justice U.U. Lalit issued notice on the plea, and said it would be heard on August 10. The top court observed that the interim protection granted to Rao would continue.

The apex court had earlier on July 12 extended Rao’s interim protection till further orders.

The 83-year-old, who has challenged the Bombay high court’s April 13 order rejecting his plea for permanent bail on medical grounds, is currently on interim bail on medical grounds and he was to surrender on July 12.

When the matter came up for hearing on Tuesday, the apex court asked additional solicitor general (ASG) S.V. Raju that if he wishes to file something, the court would grant him time.

“We have not formally issued notice. In case you are agreeable, then we will go to the final hearing and in case you wish to put in something, we will grant you time,” the bench, also comprising Justices S.R. Bhat and Sudhanshu Dhulia, said.

The bench observed that in a matter like this where only the medical condition is the issue, it is not something which would require an extensive hearing.

The ASG said he wanted time to file something in the matter.

He said Rao is already protected and is out on bail.

“Considering the nature of controversy involved in the matter, it is put to the counsel for the parties that the matter shall be disposed of on the next occasion,” the bench said.

“Since we have not issued any formal notice in the matter, notice is hereby issued returnable on August 10,” it said.

The bench said in case any other paper or material is to be placed on record, the same be done on or before August 2 and rejoinder, if any, be filed on or before August 8.

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

The Pune Police had also claimed that the conclave was organised by people with alleged Maoist links. The NIA later took over the probe in the matter.

Also Read: Despite the Evidence, Courts Yet to Take Note of Spyware Used Against Elgar Parishad Accused

In his plea filed against the April 13 order of the high court, Rao has said, “The petitioner is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial.”

The plea submitted that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination”.

It said Rao had challenged the high court order as he was not granted an extension of bail despite his age and precarious health condition, and his prayer to shift to Hyderabad was also denied.

Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial in the case for which an FIR was lodged by Pune police on January 8, 2018 under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

Initially, Rao said he was put under house arrest following an order of the apex court. On November 17, 2018, he was taken into police custody and later shifted to the Taloja jail in Navi Mumbai.

On February 22, 2021, the Bombay high court granted him interim bail on medical grounds and he was released from jail on March 6, 2021.

Giving extensive details of his health condition, including his sufferings in jail, Rao had said the high court order dated February 22, 2021 had contemplated that the petitioner could be on medical bail for an extended period and even permanently on medical grounds, depending on his condition supported by medical examination reports.

“The judges in the impugned judgement and order committed a serious error in proceeding on the footing that because the earlier order had granted bail for a limited period of time, namely six months, it (the earlier bench) was not prepared to grant the bail for an unlimited period of time,” the plea had said.

It added that after being granted bail, the petitioner’s health had deteriorated and he had developed an umbilical hernia for which he had to undergo surgery.

He needs to be operated for cataract in both eyes, which he has not undertaken as the cost is prohibitive in Mumbai, the plea said, adding the petitioner has also been suffering from neurological problems.

“It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the petitioner, passed away even before the trial could start,” it said.

The high court rejected the plea but extended the time for the activist to surrender before the Taloja prison authorities by three months to enable him to undergo cataract surgery.

(PTI)

SC Adjourns Hearing of Varavara Rao’s Bail Plea at SG’s Request; Protection to Continue

‘The interim protection enjoyed by the petitioner will enure to his benefit till further orders,’ the apex court said, asking to list the hearing on July 19.

New Delhi: The Supreme Court has adjourned to July 19 the hearing of Varavara Rao’s bail plea on the request of the Solicitor General Tushar Mehta.

Eighty-three-year-old Rao, incarcerated in the Elgar Parishad case, has moved the apex court against the Bombay high court’s refusal to give him bail on medical grounds.

The SG requested for adjournment and agreed that the three-month interim protection from surrender granted by the Bombay high court to Rao, which expires today, July 12, be extended, LiveLaw has reported.

Rao’s counsel, senior advocate Anand Grover, did not object to it.

“The interim protection enjoyed by the petitioner will enure to his benefit till further orders,” the bench of Justices U.U. Lalit, S Ravindra Bhat and Sudhanshu Dhulia said.

Rao, who suffers from serious health conditions, has filed multiple pleas requesting medical care and bail on this ground.

Jailed since August 2018 in the Elgar Parishad case – earlier probed by the Pune police and then handed over to the NIA – Rao was granted temporary bail by the Bombay high court on medical grounds in February 2021. He was released from jail on March 6, 2021.

Also read: Not Just NIA, Maharashtra Govt Too Is Responsible for Varavara Rao’s Failing Health

The case has been criticised internationally as a witch-hunt against activists, scholars and lawyers who are critics of the establishment and assist marginalised communities. Of the 16 arrested in the case, Jesuit priest Father Stan Swamy passed away in custody last year. His associates allege that serious medical negligence led to his death.

The case is yet to go to trial.

Rao, who has early signs of Parkinson’s disease according to his counsel, had submitted to the apex court that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”

He also submitted that through multiple extensions of his temporary bail, his health deteriorated and he had developed an umbilical hernia for which he had to undergo surgery.

He also needs to be operated for cataract in both his eyes, which he has not undertaken as the cost in Mumbai is prohibitive. The Bombay high court had turned down his request to stay in Hyderabad instead of Mumbai, while out on bail.

Rao’s petition also said that he has been suffering from increasing neurological symptoms, i.e., slowness of movement, hand tremors, stooping posture, amongst other symptoms.

‘Further Incarceration a Death Knell’: Varavara Rao Moves SC for Permanent Medical Bail

The matter is listed for hearing on July 11.

New Delhi: Elgar Parishad accused P. Varavara Rao has moved the Supreme Court for permanent medical bail after his plea was rejected by the Bombay high court on April 13. The matter is listed for hearing on July 11.

In his petition, Rao submitted to the court that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”

Rao, who has been out on bail since March 6, 2021 in his hometown in Hyderabad, urged that he be considered for permanent medical bail. The bail he secured in March 2021 has been extended multiple times given his health, and the medical procedures he had to undergo.

The April 13 order by the Bombay high court rejected his prayer for permanent bail, but extended time up to three months for him to surrender. He is due to surrender in July.

Against this backdrop, a vacation bench of Supreme Court Justices Surya Kant and J.B. Pardiwala was told by senior advocate Anand Grover that Rao is an 83-year-old man suffering from various comorbidities.

“All I am asking is that the plea be listed on reopening of the court,” Grover told the bench while mentioning the plea for urgent listing.

“Upon being orally mentioned by the learned senior counsel appearing for the petitioner seeking urgent listing of the matter, the registry is directed to list this matter on July 11, 2022, before an appropriate Bench,” the vacation bench ordered.

Rao in his appeal filed through advocate Nupur Kumar against the Bombay high court order of April 13 said, “The Petitioner, is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial, and is currently enlarged on bail on medical grounds by the Bombay high court respectfully submits that any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”

Rao said that he had challenged the high court order as he was not granted an extension of bail, despite his “advanced age and precarious and deteriorating health condition”, and had been denied the prayer to shift to Hyderabad, his hometown.

He was arrested on August 28, 2018, from his home in Hyderabad and is an under-trial in the Elgar Parishad case for which first information report (FIR) was lodged by the Pune Police at Vishrambagh Police Station on January 8, 2018, under various sections of Indian Penal Code (IPC) and several provisions of Unlawful Activities (Prevention) Act [UAPA].

Initially, Rao said that he was put under house arrest pursuant to the order of the apex court and ultimately on November 17, 2018, he was taken into police custody and later shifted to Taloja Jail.

On February 22, 2021, the Bombay high court granted him bail on medical grounds and was released from jail on March 6, 2021.

Giving extensive details of his health conditions including suffering in the jail, Rao said that the order of the Bombay high court dated February 22, 2021 had contemplated that the petitioner could be on medical bail for an extended period, and even permanently, on medical grounds depending on his medical condition supported by medical examination reports.

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

“The Judges in the impugned judgment and order committed a serious error in proceeding on the footing that because the earlier order had granted bail for a limited period of time, namely six months, it (the earlier bench) was not prepared to grant the bail for an unlimited period of time,” the appeal said.

It added that after the grant of bail by the order on February 22, 2021, the Petitioner’s health deteriorated and he had developed an umbilical hernia for which he had to undergo surgery.

He also needs to be operated for cataract in both his eyes, which he has not undertaken as the cost in Mumbai is prohibitive, it said, adding that the Petitioner has also been suffering from increasing neurological symptoms, that is, slowness of movement, hand tremors, stooping posture, amongst other symptoms.

Rao in his appeal said, “It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the Petitioner, passed away even before the trial could start.”

He submitted that the Petitioner has a right to health and medical treatment under Article 21 (Right to Protection of Life and personal liberty) of the constitution and the same would be violated if he was subjected to incarceration at Taloja jail.

On April 13, the high court had rejected the plea but had extended the time for the 83-year-old activist to surrender before the Taloja prison authorities by three months, to enable him to undergo cataract surgery.

It had also dismissed Rao’s application seeking that he be permitted to stay in Hyderabad instead of Mumbai, while out on bail.

“Seriousness and severity of the crime would remain till such time the accused is pronounced not guilty of the crime alleged to have been committed by him…,” the high court had observed, according to LiveLaw.

The high court had said it had found substance in several claims made by Rao’s counsel on lack of medical facilities in the Taloja prison, located in neighbouring Navi Mumbai, and poor hygiene conditions there.

The court had, therefore, directed the Maharashtra Inspector General of prisons to submit a “candid” report on the state of such facilities at the “Taloja prison in particular,” and also in all prisons across the state.

The case pertains to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which, the police claimed, triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of the western Maharashtra city.

The Pune police had also claimed the conclave was organised by people with alleged Maoist links.

Later, the National Investigation Agency (NIA) took over the probe into the case.

(With PTI inputs)