[Bhima Koregaon] Supreme Court orders jail authorities to take Gautam Navlakha to hospital for medical checkup

The Supreme Court on Thursday directed the Taloja prison authorities in Maharashtra to shift Bhima Koregaon accused Gautam Navlakha to a hospital of his choice for medical checkup today [Gautam Navlakha vs National Investigation Agency and anr]..A bench of Justices KM Joseph and Hrishikesh Roy passed the direction, observing that right of an undertrial to receive medical treatment is a fundamental right. "We are of the view that noting petitioner is an undertrial and what is far more important which is right to life. Right of undertrial to receive medical attention would be a fundamental right. This petitioner be taken immediately for through medical checkup," the Court said.The Court ordered the superintendent of Taloja Central Prison to take Navlakha immediately to Jaslok hospital or any other hospital of Navlakha's choice so that petitioner can receive medical attention and treatment.The Court also permitted Navlakha's partner and sister to visit him in the hospital."We make it clear Navlakha will be in police custody while in hospital. We also clarify that Sister Mridula Kothari and partner Sahba Hussain will be allowed to meet the petitioner in hospital as per the hospital rules," the Court said.See to it that Navlakha is taken (to hospital) today itself, the bench added.The order was passed after Navlakha told the Court that he has colon cancer and requires colonoscopy and also check up for skin allergy and dental issues The plea for medical treatment was raised in a petition filed by Navlakha requesting that he be placed under house arrest instead of being lodged in jail..Navlakha moved the top court after the Bombay High Court dismissed his plea on April 26.Navlakha, a former Secretary of the People's Union for Democratic Rights, was arrested in August 2018, but was initially placed under house arrest.He was later moved to Taloja Central Prison in Maharashtra in April 2020 after a Supreme Court order.Relying upon the Supreme Court judgment in his default bail case, Navlakha moved the High Court pointing out that he was being denied basic medical aid and other necessities in Taloja and was suffering great hardships at his advanced age.A Bench of Justices SB Shukre and GA Sanap, however, rejected the plea prompting the appeal before apex court.The Supreme Court had issued notice to NIA, Maharashtra on September 27..When the matter was taken up for hearing today, Solicitor General Tushar Mehta, appearing for the National Investigation Agency (NIA) opposed the request by Navlakha for shifting him to house arrest and for medical checkup."Prayer is to direct Superintendent of Taloja Jail to take him for dental check up and skin allergy and colonoscopy at a hospital. I don't know if skin allergy and dental issues are serious enough," the SG said.As regards colonoscopy, Mehta said that it should be raised before a competent court."This man is involved in naxalite and UAPA activities. This application of being allowed in KEM hospital could have been allowed. We would not have opposed. But they did not press the application. This is an abuse of the process of law. Forget perception created by articles and speeches," Mehta submitted."What perception? He is 73 and he has colon cancer. Is he a threat to the security of the nation?" Senior Advocate Kapil Sibal represented Navlakha asked.."Let him breathe some fresh air. He wasn't even convicted in any small IPC offence earlier," the Supreme Court said.The bench said that this is a test of humaneness of the NIA"Your humaneness is put to test," Justice Joseph remarked."My concern for national security and concern is put to test. It cannot be said that we will not get time to respond," the SG said.The Court eventually allowed the plea for medical treatment.As regards the main prayer to shift Navlakha from jail to house arrest, the Court noted the NIA's request for more time to respond to the same."We have not considered the larger issue regarding entitlement to house arrest. This is because SG pointed out he was put on short notice" the judges noted. The Court, therefore, listed the matter for further consideration on October 21..[Read order]