Constable in dock, but what about the others?

Iqbal, the undertrial inmate of Arthur Road jail, with his fractured hand when he was admitted to JJ hospital

Mumbai police have finally registered an FIR in a case involving the assault of an inmate by a prison constable inside Arthur Road jail. The action came after mid-day aggressively raised the issue, shedding light on the incident that occurred two months ago and resulted in multiple fractures in the victim's right hand. The prison constable, MK Bhoir, was booked under section 326 of the Indian Penal Code (IPC) on June 20. However, to the dismay of the victim's family, Bhoir remains unpunished as he is yet to be placed under suspension.

Sikandar Shaikh, the younger brother of the 44-year-old prisoner Iqbal, expressed gratitude to mid-day for bringing the matter to public attention and pushing for action. He remarked, "The matter was being suppressed by the prison department, but I am thankful to mid-day for highlighting the issue and taking it to the next level." Sikandar also raised concerns about the FIR, questioning the omission of any mention of the alleged cash-for-bed scheme that instigated the assault. He wondered why the facts were being twisted.

Sikandar Shaikh holds the complaint letter written by his brother Iqbal, who is an undertrial at Arthur Road jail. Pic/Atul Kamble

"I am wondering why the PSI Sagar Parkale, who went to threaten my brother inside the jail not to register an FIR against prison officials, has been handed over the case to investigate," Sikandar added, expressing scepticism about the impartiality of the investigation.

An officer from the NM Joshi Marg police station assured that investigations are underway. "We are in the process of recording the statements of witnesses to the alleged incident," the officer stated. When questioned about the possibility of Bhoir's arrest, the officer explained that arrest is the last option as per the Supreme Court's guidelines, emphasizing the priority of a thorough investigation to uncover the truth.

The incident took place inside the overcrowded Arthur Road jail, where Iqbal has been imprisoned since September 2021. He had made serious allegations regarding a cash-for-beds scheme operating within the high-security prison. According to Sikandar, inmates are crammed together in barracks, and a few corrupt prison staff members extort money from prisoners in exchange for better sleeping arrangements. When Iqbal opposed this practice, he was subjected to a brutal assault by Constable Bhoir.

Sikandar further raised concerns about the involvement of senior prison officials in the corrupt cash-for-beds scheme, suggesting that Bhoir alone could not run such a syndicate. He demanded a comprehensive investigation by an SIT appointed by the Government of Maharashtra to expose the extent of corruption within the prison system.

Sikandar Shaikh, Iqbal's brother. Pics/Atul Kamble

Regarding Bhoir's continued protection by the department, Sikandar asserted, "The prison department knows that if he is suspended, he will name all the prison staff that are making money through the illegal practice." He called for the immediate arrest of Bhoir, emphasising that while Iqbal may be an accused in a separate case, the prison officials had no right to physically or mentally assault him.

Prison officials tight-lipped

Prison officials have remained tight-lipped about the matter. After mid-day published an exclusive cover-page story titled ‘Mumbai's most expensive bed' on June 1, the Home Department asked the Additional Director General (Prisons) Amitabh Gupta to conduct an enquiry. In quick succession, the Gupta asked the Deputy Inspector General (South region) Yogesh Desai to check the veracity of allegations made by the undertrial prisoner Iqbal.

Following the order from the higher-ups, the DIG visited Arthur Road jail and conducted an internal enquiry. This correspondent met Desai last week to know what he found in the enquiry, but the officer did not share anything and added, "I have submitted the fact findings report before ADG (Prisons) office at Pune. I cannot share anything with you." However, officials, including Deputy Chief Minister Devendra Fadnavis, have refrained from sharing details of the investigation.

Despite repeated calls and messages sent to the ADG (Prisons) to know what the DIG enquiry report says, Gupta remained tightlipped over the matter. However, sources in the prison department told mid-day that DIG Desai has made a few suggestions in his enquiry report to streamline the functioning of the prison.

Hearing before SHRC

The State Human Rights Commission (SHRC) has also taken cognizance of mid-day's reports and has called for a hearing on June 26. The commission expressed concern over the breach of basic human rights of prison inmates and the blatantly illegal actions of the jail authorities.

In response to the SHRC's intervention, the Additional Director General of Police (Prisons), Administration, State of Maharashtra, has been issued notices to conduct a thorough and impartial fact-finding inquiry into the incident. The commission has requested a report, submitted on affidavits, detailing any proposed action against the defaulting officer.

Furthermore, a Special Inspector General of Police from the Investigation Wing, along with his team, has been directed to conduct a surprise visit to Arthur Road Central Prison. Their objective is to conduct a detailed and discreet investigation into the alleged incident, as reported by mid-day. The team has been instructed to submit their report before the scheduled date.