Prisons are flooded with undertrials and it is not possible to provide cot, mattress and pillow to every inmate, save in exceptional cases, a special court here stated while rejecting jailed former Maharashtra MLA Ramesh Kadam’s plea seeking such items. Kadam is in jail in neighbouring Thane since 2015 in a funds misappropriation case. His plea seeking cot, mattress and pillow claiming he was suffering spinal cord pain since 2018 was denied by Special Judge RN Rokade on Friday, the detailed order of which was made available on Saturday.
Kadam had claimed he was also suffering from aches in the shoulder, knee and neck caused due sleeping on the prison cell floor. In order to recover from injury and pain it is prayed to direct jail authorities to allow the applicant to use cot, mattress and pillow, the plea said.
This, however, was strongly opposed by the jail superintendent, who told court there was no provision in the jail manual to provide such articles to an accused. The report of the chief medical officer (CMO) has also stated that Kadam did not require a cot, mattress and pillow. The report further informed there are 17 general barracks and 126 independent rooms, and the number of undertrials in the prison was 4,553 against a capacity of 1,105.
There was a rise in the number of prisoners and demands of each individual cannot be provided, leading to unhappy prisoners arguing with authorities and staffers and complaining to courts and other superior offices, the report added. The prisoners are not getting enough space to sleep and police guards are also not available to produce the accused in court and hospital, it said. The report said due to this (situation), 22 prisoners are on protest, 14 male and female inmates have attempted suicide, consumed medicines unnecessarily, climbed trees and on the building terrace to attempt suicide.
Due to the aforesaid situation, prisoners are allowed to sleep in the balcony of the first floor of the prison building for a temporary period, the report said, adding that if Kadam is allowed the facility of cot, mattress and pillow, other inmates too would seek them. Kadam’s advocate said his client was previously referred to state-run JJ Hospital with complaints of low backache, pain in knee joints and left shoulder, but there was no respite despite treatment.
He argued Kadam is kept in a separate barracks and, therefore, no inconvenience would be caused to other inmates. However, the court said it appears from the (CMO’s) report that the accused is provided conservative treatment at the prison hospital in Thane. It also said, in the CMO’s opinion, considering the physical and mental condition of the accused, it is not necessary to provide a cot, mattress and pillow. The court also noted that, as per the CMO, all vitals of the accused were found to be stable on examination.
“It is to be noted here that, at present, the accused is provided conservative treatment at Prison Hospital. Undoubtedly, the prison is flooded with the inmates. It is not possible to provide cot, mattress and pillow to each of the inmates, save in exceptional cases,” the court said. Citing the CMO’s report, the judge said no special case was made out by the accused to provide cot, mattress and pillow.
Kadam is accused in an embezzlement case linked to the state-run Sahityaratna Lokshahir Annabhau Sathe Development Corporation (SLASDC) formed for the economic upliftment of backward classes by providing education loans, margin money etc. Kadam was made chairperson of the SLASDC in 2012 for a period of three years but was removed in 2014.
As per the prosecution, Kadam colluded with other accused and misappropriated Rs 312.26 crore during his tenure from July 2012 to December 2014.
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