Citing ‘Inhuman Treatment’ of 11 Activists, Brinda Karat Writes to Amit Shah, Seeks Early Bail, Jail Decongestion

New Delhi: Flagging the “inhuman” treatment of 11 political detainees in the Bhima Koregaon case amid the raging COVID-19 pandemic and overcrowded jails in Maharashtra, CPI(M) leader Brinda Karat has written to Home Minister Amit Shah, calling for early clearance of their bail applications as well as moving them to hygienic facilities and giving immediate instructions for decongestion of prisons. Most of the jailed civil rights activists are aged above 60 years.

Expressing serious concern over the health of the activists in “unhygienic” jails, especially the deteriorating condition of poet Varavara Rao and of Gautam Navlakha, who have co-morbidities and continue to be kept in quarantine, the CPI(M) Polit bureau member has flayed the National Investigation Agency (NIA), which falls under the Home Ministry, of “consistently opposing the bail applications.”

Both Rao and Navlakha were sent to Taloja jail, where two deceased inmates were recently found COVID+. The other political detainees in the same jail are Anand Teltumbde, Surendra Gadling, Mahesh Raut, Arun Ferreira, Sudhir Dhawle, Rona Wilson and Vernon Gonzales. 

Sudha Bhardwaj and Shoma Sen are lodged in Byculla jail, where, too, the threat of coronavirus looms.

Citing the example of the “inhuman treatment” of Navlakha, Karat wrote about how he was “whisked away” by the NIA team to Mumbai even while his bail application was pending before a Delhi court.

In Mumbai, “he (Navlakha) has been sent to what is referred to as a quarantine facility which is a school near the jail. There are 350 inmates, with just three bathrooms with no bucket or mug. He is in a small classroom with 34 others, absolutely jampacked and extremely unhygienic. He is also vulnerable to the virus with serious digestive problems, blood pressure and hyper tension.  His quarantine period is over and yet he is being kept in that centre as a measure to punish him,” said Karat, adding that it was “shocking and deplorable that a political detainee should be treated in this fashion.”

The health of poet-activist Rao, 81, who fainted recently and had to be hospitalised, but was “discharged just after three days from the well- equipped JJ hospital and brought back to the jail in spite of his alarmingly deteriorating health condition.” 

Bharadwaj, 60, also suffers from diabetes, hypertension, asthma and has a history of TB and Soma Sen,  62, suffers from high blood pressure, severe arthritis, IBS and glaucoma. 

“Clearly there is no logical reason to deny all the accused bail since they are always available for interrogation as and when required. At least for the period of the pandemic their bail applications should not be opposed by the NIA,” says the letter by the leader of the Communist Party of India (Marxist).  

Flagging the Supreme Court’s observation on the dangerous situation for undertrials in prisons at the time of the pandemic and its instructions to governments to “decongest jails”, Karat said it was “extremely unfortunate” those who are most vulnerable because of their health conditions are being denied bail.

The 11 civil rights activists have been accused by the Pune Police of having “Maoist links”, which has been stoutly denied by them. The arrests took place following an FIR against them by the Pune Police in January 2018 after the Elgar Parishad held on December 31, 2017, which allegedly triggered violence at Koregaon Bhima in Pune district on January 1, 2018. All the accused have been booked under the draconian Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code.

After the Bharatiya Janata Party lost power in Maharashtra in February this year, the Narendra Modi government at the Centre passed orders to transfer the case from the Pune Police to NIA. Recently, two of the jailed activists have moved the Bombay High Court, challenging this transfer, alleging “malafide intentions.”

Read the full text of the letter below:

Shri Amit Shah ji,

Namaskar. I write to draw your attention to the inhuman treatment meted out to those political and human rights activists arrested  in the Bhima Koregaon case. I am writing to you because the investigation is under the NIA which is under your command. Even though nine of the eleven arrested have been incarcerated for two years which is more than enough time for investigation, the NIA has been consistently opposing bail applications. Several of the accused are in fragile health. The arrested accused in this case are Sudha Bharadwaj, Shoma Sen, Surendra Gadling, Mahesh Raut, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Vernon Gonsalves, Varavara Rao, Gautam Navlakha and Anand Teltumbde. At this time of the Covid pandemic, they are in real danger of contracting the virus and many of them suffer from co- morbidities which makes them very vulnerable. 

The most recent example is that of the inhuman treatment meted out to Shri Gautam Navlakha. Even while his bail application was pending before a Delhi Court, he was whisked away by the NIA team and taken to Mumbai. Here he has been sent to what is referred to as a quarantine facility which is a school near the jail. There are 350 inmates, with just three bathrooms with no bucket or mug. He is in a small classroom with 34 others, absolutely jampacked and extremely unhygienic. He is also vulnerable to the virus with serious digestive problems, blood pressure and hyper tension.  His quarantine period is over and yet he is being kept in that centre as a measure to punish him. It is shocking and deplorable that a political detenu should be treated in this fashion. I urge you to look into the conditions in which he is being held and ensure that he is moved to a more hygienic facility pending his bail.

Another shocking example is that of Shri Varavara Rao. He is  81 years old,  is extremely fragile and yet not only has he been denied bail, but he was even discharged just after three days from the well equipped JJ hospital and brought back to the jail in spite of his alarmingly deteriorating health condition. This is nothing but denying him the right to live. Smt. Sudha Bharadwaj who is  60 years old suffers from diabetes, hypertension, asthma and has a history of TB and Soma Sen,  62 years old, who suffers from high blood pressure, severe arthritis, IBS and glaucoma have been unfairly denied bail. Even applications for temporary bail for the period of the pandemic because of the real danger to their lives have been rejected because of objections being raised by the NIA. Clearly there is no logical reason to deny all the accused bail since they are always available for interrogation as and when required. At least for the period of the pandemic their bail applications should not be opposed by the NIA. 

It is extremely unfortunate that at a time when even the Supreme Court has taken note of the dangerous situation for undertrials in prisons at the time of the pandemic and issued instructions to Governments to “decongest jails” , in this case, those who are most vulnerable because of their health conditions are being denied bail and in the case of Gautam Navlakha being kept in a facility which will ensure the deterioration of his health. 

Vindictive political actions against those who have served the poor and marginalized bring no credit to any Government. This is even more alarming in view of the rising numbers of prison inmates and police personnel testing Covid positive in Mumbai prisons.

I hope you will consider the issues raised here and take appropriate action.

Yours sincerely,

Brinda Karat

Member, Polit Bureau, CPI(M)

Former Member, Rajya Sabha