The Bombay High Court on Friday asked the Maharashtra government to clear its stand on whether activist Gautam Navlakha, an accused in the Elgar Parishad case, can be granted facility of talking to his relatives or lawyers on phone, although all the inmates are allowed the facility as per the prison manual.
A division bench of Justices Nitin Jamdar and NR Borkar asked the government to make its stand clear by July 12.
During the hearing, additional public prosecutor Sangeeta Shinde informed the court that Navlakha, 70, is accused of a serious offence under the Unlawful Activities (Prevention) Act. Hence it was not sure whether he can be allowed to make phone calls.
The HC was hearing a petition filed by Navlakha seeking that he be allowed to make phone calls and video calls from the Taloja prison where he is lodged. During the Covid-19 pandemic, the inmates were offered video call facility. However, when physical meetings were resumed, the VC facility was discontinued.
The court remarked that the prison manual did not provide for VC facility and a public interest litigation that the same be continued is pending before a bench headed by Chief Justice Dipankar Datta.
Yug Chaudhary, Navlakha’s advocate, requested that in the meanwhile he be permitted to make phone calls. He pointed out that the prison authorities insist that Navlakha’s partner, who is 70 years old and lives in Delhi, make a physical trip to Mumbai every time she needs to speak with him.
“All prisons in India except this jail in Maharashtra allow regular phone calls if not VC. Denying me such a facility is just cruel,” said Chaudhary.
Shinde said that Taloja prison had a coin-box phone which can be used by both, convicts and undertrials. However, she said that she was not sure if it was possible to extend the facility to Navlakha.
The court then asked the government to take a clear stand on whether prison rules were applicable to Navlakha or not.
