The Bombay High Court on Friday asked the state prison department to clarify whether Elgar Parishad case accused Gautam Navlakha and other prisoners can make telephone and/or video conference calls to their family members and lawyers.
Justice NM Jamdar and Justice NR Borkar was hearing a petition filed by Navlakha, seeking, among other things, access to a telephone at Taloja Central Jail, where he is lodged. The HC gave time to the state counsel to take directions from the department and posted the next hearing on July 12.
Advocate Yug Mohit Choudhary, representing Navlakha, told the HC that almost two years were allowed between telephonic conversations COVID-19 The pandemic but stopped from December 2021, when physical meetings were allowed. He said that due to such restrictions, Navlakha is not allowed to talk to her partner on phone, who is in Delhi and cannot even call lawyers.
“If (permission) was given for two years without any problem, why not now? Why cruelty? They (prisoners) lived for two years because of this. States model prisons allow manual phone calls, even Delhi jails allow it,” argued Chowdhury.
The High Court asked Additional Public Prosecutor Sangeeta D Shinde, representing the department, to explain why telephonic conversations cannot be allowed for all prisoners. “It can reduce footfall. You tell us whether the state wants to restart the system? And not only during the Covid-19 times but also during normal times,” the HC asked orally.
As Shinde said there was no provision to allow such calls, Chowdhury said that as per the Maharashtra State Jail Rules, undertrials are entitled to reasonable facilities. To this Shinde said that while jails allow phone calls through coin boxes twice a week, for undertrials booked for “serious offences” under special laws like the Unlawful Activities (Prevention) Act. There may be different rules.
Shinde told the HC that a PIL is pending before another HC bench, seeking to allow telephone or video conference calls in jails.
On June 20, a division bench headed by Chief Justice Dipankar Dutta had suggested to Advocate General Ashutosh Kumbhakoni that he should personally visit the prisons and give an independent report, as the court was informed that videos for prisoners Calling feature – which has since been discontinued. December 2021 – Cannot resume due to logistical and safety issues.
The bench is hearing a PIL filed by the People’s Union of Civil Liberties, seeking immediate installation of telephones and other electronic means of communication in all prisons so that prisoners can access video and voice-calling facilities from their lawyers and relatives. talk through.
The HC is likely to hear the PIL on July 11.
Meanwhile, the HC heard an appeal filed by Honey Babu, an accused in Elgar Parishad and Associate Professor of Delhi University, challenging the dismissal of his bail plea by the special court on July 21.