Elgar Parishad case accused opposing jail transfer order paradoxical: Bombay HC

MUMBAI: The prayer against their transfer to other jails by the accused in the 2018 Elgar Parishad case, who constantly complained about the poor conditions and overcrowding in Taloja prison, “appears to be paradoxical”, said the Bombay high court on Friday.
The bench of Justices S S Shinde and N J Jamadar made the observation while adjourning a bunch of petitions filed on behalf of activists Mahesh Raut, Anand Teltumbde, Surendra Gadling and Sudhir Dhawale opposing the special NIA court approving the Taloja prison authorities’ request for transferring 10 accused in the case, all male, to other prisons across the state and the actions of former Taloja prison superintendent.
The petitioners said that the activists, arrested for alleged Maoist links, were not heard before the court order was passed.
The HC said both sides need to be heard in the matter and adjourned to next Wednesday after public prosecutor Aruna Pai sought time till next Wednesday.
When advocate Vijay Hiremath for Raut began by saying that his client has been transferred from Taloja to Mumbai Central prison, but is yet to be shifted, Pai sought time and the bench said, “All the time accused are complaining in Taloja jail, then why do you want to stay there?”
The HC, in an oral dialogue with the lawyers, said, “Throughout the allegation is that jail authorities are not taking proper care, not giving basic facilities, there are not good conditions, there is overcrowding…Covid. Now when they (prison authorities] want to transfer some of them...this challenge is raised. It is all very confusing,” the bench said, smiling.
Hiremath said that since Raut has not been shifted yet, there may be a stay granted on the transfer till next date. The bench asked advocate R Sathyanarayanan, who appeared in the petition filed by Teltumbde’s wife Rama and two others, “Is it the case that once they are taken out they cannot be brought back to the prison?” Sathyanarayanan smiled.
The HC bench said, “The public prosecutor wants time; we will have to give it. Will pass orders after hearing both sides.” When Hiremath again requested for a stay, the bench said, “If you insist more, we will reject your prayer today itself.”
The former Taloja prison superintendent had said that through their lawyers and family members, the accused were making “false complaints” to put pressure on the jail administration.
On April 1, special NIA Judge D E Kothalikar allowed the transfer request, though the order is yet to be implemented.