Bombay High Court Asks Maharashtra Govt If Bhima Koregaon Accused Surendra Gadling Can Use Jail Computer To Review Evidence

The Bombay High Court on Thursday sought to know from the Maharashtra Government if it could permit Surendra Gadling, an accused in the Bhima Koregaon - Elgar Parishad case, to access the computer installed in the Taloja Central Prison to review the evidence against him.

A division bench of Justice Ajay Gadkari and Justice Kamal Khata while refusing Gadling to use his own laptop while in prison to review evidence, clarified that it can consider permitting him to access the computer in the prison, as the very issue would affect cases in future.

"The prayer to access laptop cannot be granted as prison security etc is an issue to be considered. It may set a bad precedent. But the jail authorities can consider permitting you to access the computer installed in the prison," the judges observed.

The judges, therefore, asked the State counsel to come back with instructions on the issue if Gadling can be given access to the prison computer.

"You tell us on next date as to whether you can permit him to use the computer and for how much time can he use it," the bench ordered the State Prosecutor.

A similar directive was issued to Gadling to spell out exactly how much time he would need to review the evidence against him by using a computer.

Notably, Gadling had moved the High Court seeking permission to access his personal laptop while in prison so that he can go through the entire evidence against him adduced by the National Investigation Agency (NIA), which has probed the case against him. He had contended that since the entire evidence against him is in electronic form, he would review the same by using his laptop.

However, this very demand was objected to by special public prosecutor Chintan Shah, who cited jail security reasons which could arise if the laptop is misused. He even argued that the prayer, if granted, would set a wrong precedent.

Agreeing with the special prosecutor, the bench too refused to permit using laptop but asked the jail authorities about their stance as to for how much time would they allow Gadling, use the prison computer to review the evidence.

The matter would again be heard next week.