Bombay high court questions Taloja prison over failure to produce undertrial in court | Mumbai News
MUMBAI: The Bombay High Court directed Taloja prison authorities to inform how many inmates’ court appearances, physically or virtually, are ensured every day. It questioned whether producing an undertrial prisoner in court was “at the whims and fancies of the Jail Superintendent.” The HC directed the Director General, Prisons, to inquire into and submit a report on why one accused was not taken to court either physically or virtually on 66 out of 69 dates in the past two years.The failure to take an NDPS case accused even virtually, despite the video-conferencing facility being fully operational in Taloja prison where he is lodged, “shocked our conscience” and is a grave lapse, said a division bench of Justices Bharati Dangre and Shyam Chandak.
From 1 September 2023 till 30 December 2025, barring three occasions, the petitioner was not produced from judicial custody, observed the HC in a plea filed this June by one Satly Thomas seeking his release, claiming continued illegal custody.The HC, in a December 9 order, said, “We do not find merit in the petition, as there is unexplained delay in raising the ground alleging violation of fundamental right” as it was open for him to raise it at the first opportunity after arrest.However, looking at the seriousness of the issue raised by his counsel Prasannan Namboodiri regarding his non-production before the trial court on most of the dates, the HC called for a report from the Taloja Jail, District Raigad, as to how many appearances on video conferencing are ensured every day. Justices Dangre and Chandak also directed the jail authorities to state whether there is a need for enhancing the facility so that such serious lapses do not recur.Thomas was arrested on August 19, 2023, in an alleged case involving a commercial quantity of a drug. He denied any involvement and filed a habeas corpus plea to secure his release by declaring his custody illegal, saying his arrest itself was illegal and violated his fundamental right to life and liberty, as he was apprehended at an airport the previous night but shown arrested the following day. His first remand by the Esplanade Court on August 19, 2023, was in violation of his rights to be produced within 24 hours of arrest, was his case. A special NDPS court judge rejected his bail plea on November 25, 2024, on the merits of the case. He filed for bail again last December, and the application is pending, the HC noted.On December 2, the Supreme Court also expressed shock at the Maharashtra authorities failing to produce an accused in another case before the trial court on a majority of his court dates.“As observed by the Apex Court, the production of the accused ensures the manner in which he is treated, and apart from this, it also serves the purpose of him coming out of the confines of the prison into open air, and it is possible that he may get to meet or interact with his friends and relatives, provided they are allowed to meet him, at the time of his production,” the HC said, calling for a report into the particular case by December 15.
