[Bhima Koregaon] "Accused were constantly complaining about Taloja jail, now they want to stay back; this is confusing:" Bombay High Court

The Bombay High Court on Friday refused interim relief in the pleas filed by accused in the Bhima Koregaon case of 2018, challenging the decision to transfer them out of Taloja Central Prison to Mumbai Central Prison without giving them a chance to respond to the application (Rama Teltumbde & Ors v. State of Maharashtra & Ors. and another petition).

. The Court was hearing two petitions, one filed by researcher and activist Mahesh Raut , accused in the case and another filed by immediate family members of accused Dr. Anand Teltumbde , Surendra Gadling and Sudhir Dhawale.

. A Bench of Justices SS Shinde and NJ Jamadar hearing the petitions remarked that they were confused with these petitions filed opposing their transfer on one hand, while they had been constantly complaining about the treatment meted out to them by the Taloja prison authorities.

. "All the time accused were complaining about stay in Taloja jail. The allegation is that jail authorities are not taking proper care. There is over crowding. There are all sorts of allegations made against authorities, so then why do you want to stay there?" Justice Shinde asked.

. Expressing their skepticism, the Bench stated that all this while, in the other cases being heard by them, the lawyers for the accused from Taloja jail had been making allegations that they were not satisfied in the jail and yet now they want to stay back when they were being transferred.

"This is confusing. Because all the time you are complaining but then you want to stay back," Justice Shinde amused with the petition.

He added that the Bench was not forming any opinion but were only expressing their prima facie view that the petition seemed "a little paradoxical, as there are allegations against authorities and now they (the accused) want to stay with them" .

. Teltumbde and Gadling's wives, Rama Teltumbde and Minal Gadling along with Sharad Gaikwad, a friend of Dhawale, filed the petition on behalf of the male inmates against whom "an extremely prejudicial order was passed by the Special Court under the National Investigation Agency (NIA) Act, permitting their transfer without offering any hearing to them".

. The petition stated that the former Superintendent's action was " an act of victimization for having demanded their rights as prisoners"

.[Bhima Koregaon] Kin of Surendra Gadling, Anand Teltumbde, Sudhir Dhawale move Bombay High Court challenging transfer from Taloja jail. The petitioners sought directions to call the papers and proceedings from the Taloja Central Prison pertaining to applications made for transfer and to quash them.

. Raut who was arrested in 2018 in the case, stated in his petition that there has been no unnecessary pressure from anyone including lawyers, regarding COVID-19 treatment and whatever has been sought has been sought through courts and legal means.

"The inability of the prison administration to follow court directions is not a valid ground to transfer inmates from one prison to another," the plea stated.

. Raut stated in his petition that an application was filed in April 2021 which was allowed by the Special NIA Court "in a single line" allowing his transfer to the Mumbai Central Prison.

. On June 5, 2021, another application was moved seeking transfer of Raut with his co-accused to other prisons of Mumbai or Maharashtra stating that the petitioner and the co-accused have been making several requests with regard to COVID-19 related health concerns which allegedly causes "inconvenience and pressure on the prison administration" .

. On June 17, 2021, the Special NIA Court recorded that an order had already been passed for transfer.

. In view of this, Raut sought for quashing of the order of the Special NIA Court allowing his transfer out of Taloja prison.

He has also sought for a stay on the order till the pendency of the petition.

[Bhima Koregaon] "Accused were constantly complaining about Taloja jail, now they want to stay back; this is confusing:" Bombay High Court

Neha Joshi

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