Justice being denied

The People’s Union for Democratic Rights (PUDR) while condemning the re-arrest of Maoist sympathizer Kobad Ghandy (pictured) states: "At least 16 cases have been foisted upon Ghandy in different states including West Bengal, Telangana, Jharkhand, Punjab, Delhi and Gujarat. He has been convicted in none of them till date. He has been acquitted in at least three of them. For five years from 2010 to 2015 there remained a statutory bar imposed on him which prevented trials in other cases from proceeding. Even after the bar was removed, in many of his cases, trials have not started because he has not been produced before the concerned courts. He hasn’t been able to avail bail granted to him earlier on medical grounds by the Delhi High Court because he could not obtain bail in other cases pending against him elsewhere. Immediately after his release on December 12, 2017 he had visited a hospital and had been advised complete rest for a month but again faced imprisonment.
"It has been seen that this modus operandi of persecuting persons deemed to be associated with the banned CPI (Communist Party of India) (Maoist) has been used frequently by State functionaries with full intent of ensuring continued incarceration of such persons. Foisting of multiple cases, denial of bail and execution of production warrants right after obtainment of bail/acquittal have characterized cases of such prisoners.” Ghandy wrote to the magistrate hearing his case in Tenughat, Jharkhand pleading his case:

To
The Honorable Judicial Magistrate First Class
District Bokaro
Jharkhand
Yesterday (January 26, 2018) we were informed by the jail authorities of Sub-Jail Tenughat, that on the occasion of January 26 (Republic Day) we can present any issues regarding our case to court officials who will be visiting this jail. I am grateful to the jail authorities and courts for giving us this opportunity on this auspicious day. I am taking this opportunity to present before you that I feel my constitutional rights to a speedy trial and right to life are being infringed in this case. I present before your honor some minimum facts.
Firstly, though I was in jail for over eight years the Tenughat JMFC (Judicial Magistrate First Class) issued a production warrant only after I was finally released from jail. That too when I was urgently in need of medical attention and advised "complete rest” for one month by Apollo Hospital in Hyderabad on December 14, 2017. Jharkhand police arrested me on December 16, 2017 based on a "confession” statement during police custody in Delhi in 2009. Not only is this not admissible in court as per the Evidence Act, the statement was not signed by me, and also in that Delhi case (also based on this statement), I was acquitted of all UAPA [Unlawful Activities (Prevention) Acts]/Maoist charges.
Though the Jharkhand police have been extremely civil and decent (and for this I am very grateful, as I know no one in the region), I am not able to understand why I was not produced while I was in jail. In fact over one year back, I and the Cherlapalli Jail authorities (Hyderabad) wrote a letter on November 2, 2016 to the JMFC Tenughat seeking a production warrant. As there was no response and the Supreme Court suggested on February 13, 2017 to first approach the lower courts for relief, a reminder was sent by me/jail authorities (Cherlapalli) again on March 9, 2017. Yet, for nine months there was no response, but merely within three days of my release on December 12, 2017, the Jharkhand police arrested me from a court in Telangana.
This procedure denies me of my fundamental right to a speedy trial as enshrined in the Constitution.
I have already been in Tenughat Sub-Jail for nearly one-and-a-half months. Given that I am 71 years of age with serious health problems (recorded by court orders, jail authorities and Apollo Hospital) by arresting me when I was heading home to Bombay for medical treatment, it is threatening my very right to life as enshrined in Article 21 of the Constitution. Who would be responsible if something happened to me in jail? Besides the possibility of death, jail conditions are turning me into a cripple due to numerous orthopedic problems and the acute prostate/kidney and blood pressure problems. I am thereby de facto being denied my right to life.
I am a legally abiding citizen residing in Bombay and have been fully acquitted in all UAPA/Maoist cases across three states of Delhi, Punjab and Telangana. I have never made such a statement to the Delhi police. Anyhow, most others have already been acquitted in this case, while others are on bail. I know not a single person in Jharkhand, nor have I heard of this place Tenughat, let alone the said incident.
I have been filing my Income Tax returns for over 30 years till the time of my arrest in 2009. I urgently require bail to continue my medical treatment in Bombay. I would also please request that this case please be discharged as I know nothing about the incident, and, at this age, I will find it difficult traveling from Bombay for the case. Kobad Ghandy
Tenughat Sub-Jail
Jharkhand