[Bhima Koregaon] Kin of Surendra Gadling, Anand Teltumbde, Sudhir Dhawale move Bombay High Court challenging transfer from Taloja jail

Immediate family members of Dr. Anand Teltumbde , Surendra Gadling and Sudhir Dhawale , accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other "unspecified prison" in the State.

. 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".

. Out of the 13 male accused detained in Taloja Central Prison, Dr. Varavara Rao is presently released on medical bail, Hany Babu is lodged in a private hospital for treatment and Father Stan Swamy passed away in July, 2021.

The petition was filed for the ten accused presently lodged in the 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.

. The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails.

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

. The petition highlighted instances of violation of their rights by the prison authorities especially during the pandemic.

It also highlighted the "strict censorship" to and from the accused's relatives which was pointed out before the prison authorities as well challenged in the High Court .

. The petition said that the accused belong to other States of India and staying in the same facility has helped the families and lawyers to co-ordinate and visit them in the prison.

Additionally, the prison which is closest to the Special Court where trial will be held is Taloja Central Prison, the petition stated.

. The petition pointed out that in March 2021, the former Superintendent of Taloja Central Prison, Kausthubh Kothalikar, had sought for permission for transfer of six out of the 13 undertrials outside of Taloja Prison for the purpose of decongestion of prisons.

The reason for the transfer as stated in the application was "presence of certain 'sensitive' undertrial prisoners in Taloja jail" .

. Based on such request, Special Judge DE Kothalikar allowed the undertrials to be transferred to the Mumbai Central Prison, which is the Arthur Road Jail.

The accused were not made aware of such an order, as no notice was served upon them, nor were they given an opportunity to be heard in the matter, the petition stated.

. The petition also highlighted another application filed by the former Superintendent on June 7 2021, alleging that "accused in Bhima Koregaon case, their relatives and their lawyers are taking advantage of COVID -19, are making false complaints through media and are bringing pressure on Taloja jail authority to achieve their intention".

In view of this, request was made again to transfer the inmates to Mumbai Central Prison.

The Special Judge only reiterated his previous order.

. On June 24, another application was addressed with similar grievances against the inmates, however this time, the request was to transfer them to any other prison in the State of Maharashtra or in the Mumbai region.

The order on this application was passed as "seen" by the Special Judge.

. Based on this order, the petitioners raised an apprehension that the Special Judge may have treated it to be an administrative function and mechanically allowed the same without issuing notice or holding a hearing.

Apprehending that the transfer may take place, Mina Gadling addressed a legal notice to the former Superintendent requesting him to hold the transfer till she takes a legal recourse.

. The present Superintendent asked the 10 accused whether they wished to be transferred to any other prison and the ten accused responded with a unanimous negative response, specifically in light of the COVID-19 pandemic.

[Bhima Koregaon] Kin of Surendra Gadling, Anand Teltumbde, Sudhir Dhawale move Bombay High Court challenging transfer from Taloja jail

Neha Joshi

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