PG Wodehouse a security threat? That’s comical, quips Bombay HC when Navalakha’s counsel says jail staff – Times of India

MUMBAI: Expressing dissatisfaction over the state’s reply, Bombay high court on Monday said if the jail authorities are not bothered to take care of conditions it would pass strictures.
The HC said this while hearing a petition filed by Elgar Parishad accused Gautam Navalakha for shifting him to house arrest citing unhygienic jail conditions “wholly unfit for human habitation”.
Yug Chaudhry, counsel for the Delhi-based activist, said, “Navalakha is 70, likes to read and earlier even a PG Wodehouse book was returned when it came as a parcel and not given to him by jail staff as a “security threat” prompting the bench of Justices S B Shukre and G A Sanap to orally remark with a smile “is there any order that says Wodehouse is a security threat? Is it true? But Wodehouse was an inspiration for PL Deshpande the famous humourist of Maharashtra, how can it be a security threat?” Justice Shukre said, “This is really comical, it shows the attitude of the jail authorities…at least basic human requirement must be assured. “ The book was later given personal to Navalakha by a family member.”
The HC requested state advocate general to look into matter and to suggest “corrective measures forthwith”.
Chaudhry said Navalakha has health issues and when after a visit to a hospital he has to be placed for 14 days in the Taloja quarantine ward last year his Asthma flared up from the sordid conditions there. “Smelled foul. None of the bathroom had any doors. There were faeces on the floor. Surviving in this was nothing short of hell,” said Chaudhry.
Reading from Navalakha’s letter the counsel said the ward was filled with “grime and cockroaches” adding “inmates were forced to perform their ablutions in the open with no privacy.”
Navalakha had written, “I and other inmates in the ward were denied a dignified human existence and were not accorded basic medical necessities required by patients”. Unable to bear this ordeal any longer” he had pleaded with staff to visit.
To NIA it said, “As the agency it is your job to make the life of the prisoner comfortable.”
HC said to National Investigation Agency (NIA) counsel ASG Anil Singh, “he says living conditions justify house arrest. Where is the State counsel. If they (State) is not bothered bothered to take care we’ll pass strictures,” said the bench.
In its order the HC said, “going through the State’s reply dated December 3,2021. We find that the state has not dealt with specific allegation made by Navlakha of conditions of quarantine ward.
“The reply prima facie gives us an impression that whatever is alleged by the petitioner might be true. This is further bolstered by the absence of a government lawyer in court when the petitioner’s advocate is arguing,” Chaudhry said Navalakha wrote to jail authorities about the quarantine facility and they shortened his stay to a week. He cited other instances earlier where the jail staff resisted initially as “unreasonable” his plea for a commode chair, returned his reading glasses which were sent by his parents after his were stolen inside prison and he was not allowed to make a call for three four days to get replacement. The issue was highlight by the media and HC had suo motu taken note and only then did he get them.
“Prison is no place for 70 year old to fall Ill. I don’t want to share same fate as co accused Father Stan Swamy,” said Chaudhry adding what Navalakha wants is “to live” so he can clear his name.
“There has to be some dignity left to treat them (under trial prisoners) like human beings. If you don’t treat them like human beings…’ thundered Chaudhry adding “are we not citizens. Don’t we have right to life?”
Juatice Shukre orally said, “if the state decides to keep detainees under house arrest, it is a different matter and when accused demand it, it is an unexplored area” Chaudhry said this was not a prison reform plea but his client’s right to dignity, his life and liberty.
“There is no coordination between special agency and state. At times the counsel are at loggerheads heads. There should be coordination ,” said Justice Sanap. The HC will continue hearing the matter at 3.30pm on Tuesday when NIA and State will argue.
The bench also initially wanted the state counsel to be taken to task for not being present at the hearing but later relented after a lawyer apologised saying the prosecutor assigned was held up in another ongoing matter.