A special court rejected a plea by lawyer Surendra Gadling, an accused in the Elgaar Parishad case, seeking permission to walk for an hour within the jail premises in the morning and evening.
The court noted that while Gadling, who is lodged at Taloja Central Prison in Navi Mumbai, had cited various ailments to seek relief, the barrack in which he is kept has natural air and light available for all purposes.
Rejecting the plea, the court also noted that “safety and security aspects contended by jail authority cannot be neglected.”
The order, passed by special sessions judge Chakor S Baviskar on January 7, was made available on Saturday.
Gadling, in his application, had submitted that barracks in which he was kept were overcrowded with little space within the prison circle for a walk and that he suffered from various ailments and vitamin deficiencies.
He sought permission for the walk everyday within the jail campus, citing his right to keep his health in good condition.
Jail authorities sought dismissal of the plea reasoning that there were several inmates charged with serious offences inside the jail.
It alleged that Gadling, using his position as an advocate, would put pressure on guards on duty. The Jail Superintendent further said that reasons in the plea were “false and incorrect” as was a sufficient space inside the jail circle to walk, do Yoga and exercise and other inmates would use the same open premises.
The court noted that Gadling, in his application had mentioned that he suffered from various ailments including heart, sugar conditions, frozen shoulder among others.
“If at all the accused is suffering from such various ailments, it is difficult to digest that he can walk for two hours daily, that too outside the circle, within the jail precincts, on the road within the jail premises,” the judge remarked in the order.
“If the applicant/accused is not exaggerating his ailments, then, he would do better by taking complete bed rest than walking two hours, that too, daily. Such a heavy walk may prove harmful for his heart condition, Lumber and Cervical Spondylitis, Ligament rupture and Arthritis,” the order read.
The court said that Gadling can use the jail circle having natural air and light as used by other inmates and there was no reason to treat him in a different or special manner.
The judge refused to grant relief on parity noting that a similar plea by co-accused Gautam Navlakha was allowed as jail authority did not contest the same. Rejecting Gadling’s application, the court added that Navlakha’s age of over 70 years, Asthma conditions and non-availability of natural air and light in Anda cell where he was kept was also considered, therefore the same does not apply to Gadling.
The court also raised concerns over two photographs obtained from Google Maps attached by Gadling in his plea and said the same as per jail authority would amount to breach of confidentiality and “such things are usually done by terrorists and anti-national elements.”
It said jail authority was at liberty to take appropriate recourse in this regard.
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