The Maharashtra Prison Department notified the Bombay High Court on Thursday that Gautam Navlakha, a 70-year-old activist and defendant in the Elgar Parishad case, will be sent to the government-run Tata Memorial Centre in Kharghar for a medical examination tomorrow.
The court was considering Navlakha’s request for an examination of a lump in his chest, as well as his request for home arrest due to his elderly age and medical conditions.
The High Court also ordered the National Investigation Agency (NIA) and the state prison department to file affidavits in response to Navlakha’s petition for his transfer from Taloja Central Prison in Navi Mumbai, citing deprivation of basic medical treatment and other needs in jail, within two weeks.
Navlakha highlighted a Supreme Court judgement from May this year, in which the top court denied his default bail application and stated that, in suitable situations, a home arrest may be granted under the Criminal Procedure Code (CrPC) due to the accused person’s health, age, and history.
‘Around March 2021, the petitioner developed a lump on the right side of his chest. This is extremely worrying considering the history of cancer in his family,’ the plea said, and added that despite numerous requests to jail authorities, he was not taken for a medical examination.
‘Because of the negligence and stubborn refusal of officials of Taloja Prison, the ailments and medical concerns of inmates go undiagnosed and untreated for long periods of time,’ the petition stated.
Navlakha, who is represented by lawyers Yug Mohit Chaudhry and Payoshi Roy, further claims that despite the Supreme Court’s directive that prison officials should not refuse detainees necessary items, the Taloja jail administration has denied him a chair and slippers. ‘Taloja is sorely lacking in infrastructure and manpower and incapable of caring for ailing and elderly inmates such as the petitioner,’ the petition claimed.
As Navlakha’s sister works at the private Jaslok Hospital in south Mumbai, Chaudhry believes it will be more convenient for him to be checked there and that he will cover the costs.
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However, NIA’s Additional Solicitor General Anil Singh stated that although he could not object to the accused being sent to a hospital for treatment, he did object to the petitioner being given a choice of facility. Singh said, ‘Applications are filed these days saying I want to go to so and so hospital…The government hospitals are good enough. We are not saying he is not entitled to treatment. He can be taken to Tata Memorial Hospital for Cancer treatment. People throughout the country come there for treatment.’
According to Chaudhry, objection to a medical examination at Jaslok Hospital was ‘vindictive’ and unnecessary because Navlakha would cover the costs, putting no ‘financial strain’ on the state.
After the bench asked Chaudhry why there was no prayer for an examination by Jaslok Hospital and if he would submit a separate plea for it, Chaudhry said Navlakha should be taken to Tata Hospital because the check-up could not be delayed any longer. The appeal will be heard by the HC on September 27.
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