Kin of Elgaar accused move Bombay HC against orders to transfer them from Taloja Prison

The kin of three Elgaar Parishad case accused — Anand Teltumbde, Surendra Gadling and Sudhir Dhawale — recently approached the Bombay High Court challenging three orders to transfer 10 accused in the case out of Taloja Central prison to any other prison in Maharashtra.

The plea filed through Teltumbde and Gadling’s wives, Rama Teltumbde and Minal Gadling, along with Sharad Gaikwad, a friend of Dhawale, said that the action by former Taloja prison Superintendent was “an act of victimising the accused for having demanded their rights as prisoners.”

The plea stated that orders of special NIA Court Judge DE Kothalikar, who repeatedly permitted their transfers without issuing a notice or giving hearing to them, violated “principles of natural justice”.

The kin of the three inmates filed a petition on behalf of the male inmates stating that “an extremely prejudicial order” was passed by the Special NIA Court. Out of 13 male accused who were lodged in Taloja Central Prison, Varavara Rao is presently out on medical bail and Hany Babu is lodged in a private hospital in south Mumbai while Father Stan Swamy passed away on July 5.

Dhawale, Rona Wilson, Gadling, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Teltumbde, Gautam Navlakha, Sagar Gorkhe and Ramesh Gaichor are currently lodged in Taloja jail.

The petition cited instances of violation of their rights by prison authorities during the pandemic and said that there is “strict censorship” to and from the relatives of the accused, which was challenged in the courts.

The plea said that some of the accused persons belonged to other states of India and staying in the same facility has helped the families and lawyers co-ordinate and visit them in prison, which is closest to the special NIA Court where trial will be held. Therefore, the accused should not be transferred, the plea filed last month said.

The HC is likely to hear the plea later this week.