A special court in Mumbai has directed Taloja Central Prison authorities to allow two of the accused in the Elgaar Parishad case, lawyers Surendra Gadling and Arun Ferreira who represent themselves, to use computers twice a week and provide the necessary software to view documents submitted by NIA.
Gadling and Ferreira had moved separate applications last year stating the National Investigation Agency had provided electronic evidence in a hard disk. The hard disk was kept in the possession of the jail, where the two are lodged. They had sought access to the disks to prepare their defence and a laptop or computer. The jail authorities had opposed the plea stating that there was no such provision to provide access to computers to undertrials.
On March 16, 2022, the court had said that most of the evidence in the case is electronic and it cannot be read unless one has access to a laptop or computer. “The applicant is defending himself in person. Considering this aspect fair opportunity to defend is required to be given to the applicant by using the computer, which is available in the prison for a limited period,” the court had said then.
On Friday, Gadling and Ferreira informed the court that despite these orders, the jail authorities had refused permission to them to access the computers between May 24, 2022, and June 9, 2022, and again from July 12, 2022. They also sought to install the required software as they have not been able to access the files provided by NIA.
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