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Different Courts Different Orders On Use Of Nets In "Mosquito Prone" Taloja Prison

LIVELAW NEWS NETWORK
9 July 2022 9:47 AM GMT
Different Courts Different Orders On Use Of Nets In “Mosquito Prone” Taloja Prison
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Gautam Navlakha

Just days after a special NIA court allowed an accused in the Antilia Terror Scare Case to use a mosquito net in the Taloja prison, another special court refused the same relief to Sagar Gorkhe and journalist Gautam Navlakha in the Bhima Koregaon – Elgar Parishad Case.

Special NIA Judge Rajesh Katariya in the Elgar case, however, directed the Superintendent of Taloja prison to take all precautions against mosquitoes.

The court ordered fumigation at least every fortnight during the monsoon and permitted the use of mosquito repellent ointments. The prison officials had opposed access to nets for security reasons.

Gorkhe and Navlakha had approached the special NIA court seeking mosquito nets in Taloja Central Prison located at Navi Mumbai. They submitted that the jail is located in a chronic Malaria and Dengue prone area and the circle incharge and former chief medical officer had allowed the use of nets. Advocate Wahab Khan for Navlakha submitted that suddenly the mosquito nets were taken away citing security reasons.

The prison superintendent claimed the use of the nets were unauthorized. He said that prisoners were allowed to use mosquito repellents like "odomos." The reply added that the area was already being fumigated through the Panvel Municipal Corporation.

The reply added that for the nets- ropes and nails are required which could be a security concern as prisoners may commit suicide using it.

"Considering the application, say and submission, the applicant are seeking directions to the Jail Authority to allow them the mosquito net which is opposed due to security purpose. The Jail Authority is required to take all precautions against malaria and dengue," Special Judge Katariya observed in his order.

Mosquito Nets in the Antilia Terror Scare Case

Dismissed cop Sunil Mane, an accused in the Antilia Terror Scare Case, also lodged in Taloja prison had also sought a mosquito net. In the absence of any reply from the prison officials, the net was allowed.

"As per the rule, it is necessary for the jail superintendent to supply article to the prisoners pertaining to their health. The jail superintendent did not file his report to this application. The demand of the prisoner seems to be genuine. So, the jail superintendent is directed to supply a mosquito net to the prisoner as per the prison rule," special judge A M Patil said in the order.

Case Title : Mr. Gautam Navlakha v The State of Maharashtra

Click Here To Read/Download Order [Gautam Navlakha]

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