India
Imprisoned BK16 Activists on hunger strike asking to be presented in court
The activists were were refused to be produced before the court physically for a third time in a row.
Seven human rights activists jailed in connection with the Bhima-Koregaon case began an indefinite hunger strike at Taloja Central Jail from Friday night, after they were refused to be produced before the court physically on Friday, for a third time in a row. Adv. Suresh Gadling, Sagar Gorkhe, Sudhir Dhawale, Ramesh Gaichor, Hany Babu, Rona Wilson and Mahesh Raut, seven of the Bhima-Koregaon 16 (BK16) who still remain in prison, have begun this protest against the Navi Mumbai Commissioner of Police, for their right to be produced before the court for hearings.
On October 9, the activists were refused to be taken to the court by the Taloja Central Jail Administration for a second time straight, citing the lack of police force to transport them to the court. Gadling, who is fighting his own case, had then raised the issue of the prisoners not being produced in the court physically, before the special National Investigation Agency (NIA) court no. 25. Upon hearing him, the court gave clear orders to bring Gadling and the other accused in the case to the court on the next date of hearing, which was on October 18. However, the police did not bring them to the court despite these orders.
“How can the police say that they did not have enough guards to transport prisoners to the court, when there are special police designated to escort prisoners to the court or hospitals?” a source close to the case questioned.
A GR issued by the Maharashtra Government in 2004 had acknowledged the problem of shortage of police to escort prisoners. In the same GR, the government ordered creation of new posts, specifically for escorting prisoners to the court or hospital.
The GR issued by the Maharashtra Government in 2004.
“Despite this, the prison authorities continue to refuse to produce prisoners before the court physically. This is the third time in a row that my father and others accused in the case have not been taken to court. But this has happened multiple times before. Sometimes they refuse to take any of them, sometimes they just produce a couple of them before the court physically. It has been very inconsistent. The issue is that guards are not made available and hence the prison authorities cannot send them to court,” Sumit Gadling, son of Surendra Gandling and practicing lawyer himself, told Indie Journal, alleging that the root of the problem is at the Navi Mumbai Police Commissionerate.
While the prison authorities have been producing the prisoners before the court via video conferencing, Sumit said that it is often inadequate.
“There are connectivity issues almost every time, either at the court or at the prison. Sometimes, there is no electricity. My father is fighting his own case, he also wanted to file some applications. He could not do that as he was not taken to the court,” he added.
Also read: Arrested BK16 Poet Alleges Intimidation After Protesting Prison Corruption
The source who spoke with Indie Journal also said that when the prisoners are not taken to the court physically, they are also unable to voice jail-related grievances or speak to their lawyers about jail related arguments.
While the seven have begun an indefinite hunger strike, they have also sent a representation of their demands to the Governor. “Whether it has been posted yet or not is unclear,” Sumit said.
The seven activists, along with Jyoti Jagtap, who is in Byculla Women’s Prison, remain the last of the BK16 who are still in jail. While Father Stan Swamy died waiting for bail in Taloja Central Prison, a few others finally got bail after a long fight. The Supreme Court, while granting bail, called the cases against them prima facie and the evidence speculative. The apex court has also called out the delay in trials and prolonged incarcerations of these activists.
