A special court on Tuesday permitted the application made by activist and Bhima - Koregaon accused Gautam Navlakha, who is lodged in an anda cell, to have a 30-minute walk inside the Taloja jail premises on a daily basis.
In a handwritten plea filed by Navlakha before the court on Dec 30 last year, he had sought that he be allowed an hour of fresh air and sun in the prison premises. He had submitted the plea when he was produced before the court that day along with his co-accused. “In anda cell, I am denied access to the sun as well as fresh air and greenery. All I ask for is to be allowed an hour every day outside the anda circle to breathe in the fresh air and soak in sun at a time convenient to jail authority with due security,” his plea had stated. While anda cell prisoners are permitted eight hours of time outside their cells, they are confined to move only in concrete corridors.
Navlakha had further written that he is a senior citizen and was aware that his stay in prison will be long, although he is an undertrial prisoner. “Sir, while my life and liberty stand compromised without trial and I wait patiently for justice and freedom, I have not forfeited my rights. Above all, I have to make sure that my mental and physical health does not suffer due to prolonged incarceration. It is with that in mind, I turn to you, my custodian,” he had stated. The activist had added that his health would benefit immensely if he is allowed to avail of the very modest request. It would help reduce the burden on the jail incurred on account of his health, especially since he is in the 70th years of his life, he had reasoned.
On Tuesday, Navlakha’s advocate Harshwardhan Akolkar told the court that the plea was pending and submitted that an evening walk in the presence of prison guards within the jail premises be permitted. The court noted that the Taloja jail superintendent had submitted a report to it that the practice had been stopped for and had opposed it.
Special Judge Dinesh E Kothalikar passed an order permitting a daily walk of 30 minutes for Navlakha in presence of prison guards inside the jail premises. The order added that if the relief is misused, it may be discontinued by the jail authority on submitting a report to the court.
