The Bombay High Court on Thursday sought the latest medical report of lawyer-activist Sudha Bharadwaj, jailed in the Bhima Koregaon case, from the Maharashtra Government on a plea seeking her interim release from Byculla women’s prison.
A division bench of Justices K.K. Tated and Abhay Ahuja was hearing the petition filed by her daughter Maaysha Singh, invoking Article 226 of the Constitution, which stated the 60-year-old Bharadwaj, who has diabetes, hypertension, ischemic heart disease and a history of pulmonary tuberculosis, is very unwell.
Advocate Yug Chaudhry, appearing on behalf of the petitioner, submitted that Bharadwaj is being kept in a barrack with about 50-60 prisoners, sharing only three bathrooms and no possibility of sanitary co-existence or social distancing. Three of her co-prisoners have recently tested Covid positive and Byculla jail has about 40 active cases, as per reports. The ward where Bharadwaj is lodged is a literal death trap, he said.
Further, he said Bharadwaj has been suffering from diarrhea, extreme fatigue and exhaustion over the past few weeks, due to which she cannot wash her clothes or even bathe. He also informed the court regarding the behaviour of prison officials towards Bharadwaj’s family. He said that her family made 18 calls to Byculla prison but the warden refused to take the call. Instead, the officer spoke to the press and accused Bharadwaj of making up stories about her illness.
In his submissions, Chaudhry asked the court to direct the state to respond to the allegations made about the poor conditions in prison.
On the other hand, State’s Counsel Jayesh Yagnik submitted that Bharadwaj was already scheduled to be taken to Mumbai’s JJ Hospital for a check-up in the evening. Moreover, Bharadwaj tested negative on two previous tests.
Thereafter, the bench directed Yagnik to submit Bharadwaj’s report from her checkup at the JJ Hospital before May 17. Regarding poor conditions in the jail, the Court said that with just 15% staff, the prisons were operating, therefore, such a reply cannot be filed immediately.
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The Court listed the matter for further hearing on May 21.
Bhardwaj has been charged with offences under the Unlawful Activities (Prevention) Act for inciting caste-based violence which resulted in clashes at the 200th anniversary commemoration of the battle of Bhima Koregaon. She was taken into custody on August 28, 2018.