JUDGMENT

G. a. Sanap, J. - The petitioner is one of the accused in NIa Special Case No.414/2020. The petitioner and other 14 accused have been prosecuted for the commission of the offences under sections 153(a), 505(1)(B), 117, 120-B, 121, 121-a , 124-a and section 34 of Indian Penal Code and Sections 13, 16, 17, 18, 18(B), 20, 38, 39 and 40 of Unlawful activities (Prevention) act, 1967 (for short, UaPa).

2. In this writ petition, the petitioner is seeking direction to keep him under house arrest till the completion of trial. It is the case of the petitioner that on 28.08.2018 he was taken in custody at Delhi. However, Delhi High Court stayed the arrest and directed the police to keep the petitioner under house arrest. Proceeding which led to the house arrest of the petitioner was finally terminated vide order dated 14.02.2020 passed by Hon'ble apex Court. The petitioner, therefore, surrendered to NIa on 14.04.2020. He has been in custody since then. His bail application made under section 167 of Cr.P.C. came to be rejected. Similarly, application made by him seeking anticipatory bail also came to be rejected. He again applied for bail on medical ground before the Special NIa Court. The Special NIa Court rejected the said bail application vide order dated 23.08.2021. The petitioner has been in judicial custody and presently lodged at Taloja Central Prison, Navi Mumbai.

3. The petitioner has pleaded more than one grounds for seeking direction to keep him under house arrest. It is stated that Taloja prison is overcrowded. The conditions and environment of Taloja Central prison is not compatible to the health of the petitioner. The Petitioner has no criminal antecedents. He is a law abiding citizen. He has co-operated with the investigating agency. There is no possibility of his being at flight risk. There are no basic facilities and infrastructure at Taloja Central Prison, Navi Mumbai. There is no sufficient water and hygienic facilities at Taloja prison. Taloja prison does not have trained escort guards to ensure medical supervision. It is stated that the central jail is incompetent and ill-equipped to take care of elderly inmates such as the petitioner. Taloja Prison authorities behave in callous and negligent manner, thereby endangering life and health of inmates including the petitioner.

4. It is stated that health of the petitioner is significantly deteriorating on account of his incarceration in Taloja Central prison. He has developed high Blood Pressure. He has developed lump in his chest. His condition requires regular monitoring. Medical facilities are woefully lacking. There is no response from the authorities at the prison to attend to medical and health problems of the petitioner. The prison does not have trained medical staff and critical life saving equipments. It is, therefore, directly violating the right of the petitioner under article 21 of the Constitution of India.

5. The petitioner made a demand of a chair due to excruciating pain in his lower back and neck. The prison authorities did not provide him a chair, which is his basic requirement. Basic requirements of the petitioner such as healthy food, fruits, books, clean and secure wash-room and other articles have not been satisfied. He is not allowed to contact with his family members. His basic right under article 21 of the Constitution is violated. He has no criminal antecedents. He has cooperated during the course of investigation. He undertakes to extend the same cooperation in future. The trial has not yet begun. There is no possibility of commencement of the trial in near future. Clone copies of the record have not been provided to all the accused. Considering the volume of the evidence and the number of witnesses in the case, trial may take years together to complete. The petitioner, therefore, cannot be kept languishing in jail in inhuman condition. The petitioner has, therefore, made a prayer to sent him under house arrest from the jail till the completi