Inmate ‘sodomised’ but no action from jail bosses or cops

Arthur Road jail. Pic/Atul Kamble

Arthur Road prison is in the soup for the third time this month. A man has alleged that his 24-year-old son, imprisoned in a POCSO case, was sexually assaulted by two inmates. "They first badly thrashed him inside the toilet and then took turns to sodomise him," said the father from his hometown in UP. Neither the jail officers nor the local NM Joshi Marg police have taken any action, said the alleged victim's lawyer.

The inmate, who has been allegedly sexually assaulted in Arthur Road jail, is facing a case under the Protection of Children against Sexual Offences Bill (POCSO) Act. "My son was arrested on April 17 by Bhandup police in connection with a rape case. He has been falsely implicated in the case and imprisoned," said the father.

Advocate Sakhib Coatwala. Pic/Nimesh Dave

Previously, On June 1, mid-day exposed the alleged cash-for-bed racket run by jail officers. Days later, gangster Ejaz Lakdawala claimed to have seen businessmen Rakesh and Sarang Wadhawans, who are lodged at Arthur Road jail, having a ball at the court premises in the absence of their presiding officer.

The alleged sexual assault happened during the pre-dawn hours of June 10 and the accused inmates have been identified as Rashid Hasan Faras and Kudi. The father said it was his son's advocate Sakhib Coatwala who informed him about the assault following a meeting with him.

The NM Joshi Marg police said they are probing the matter. Pic/Atul Kamble

"I am a poor man and have no strength to fight my son's case. Now, his safety is at stake as the prison officers failed to safeguard him. How did this despicable act take place on their watch? I have been told that they [accused inmates] are very close to the jail superintendent, which is why no case is being registered," the father told mid-day.

Faras, who has been lodged in the jail for over four years in connection with an NDPS case "is a ‘Jawabdar' of barrack number 6, as he is the oldest prisoner there. So, no one can dare to touch him in the barrack," said a source from the prison. mid-day had previously reported, citing sources, how ‘jawabdars' are the right-hand men of the prison staff.

The father, who is engaged in farming for livelihood, said, "On June 9, I received a call from a prison staff member who asked something related to my son's case, as his hearing is scheduled on June 12... I have been told that the accused inmates were taken out for a court hearing on June 9. They were intoxicated. I don't know what went wrong after they returned to jail in the evening."

‘Help my son'

"If the prison staff can't keep my son safe, then they should set him free immediately, as he is in pain and I am helpless. He deserves immediate medical treatment.
"The Maharashtra government must ensure my son's safety, and legal action must be taken against both the accused and the prison staff members for
suppressing the sensitive matter," said the aggrieved father.

No FIR

Advocate Coatwala told mid-day, "The incident took place around 3 am on June 10 when everyone was asleep. Faras and Kudi picked up a fight with my client and then gagged him. They then sodomised him and forced him to perform an unnatural act after threatening him with dire consequences. The incident took place inside the toilet."

"My client told me that he complained to PSI Vijay Kumar Kasbe, who is in-charge of the Circle, on the morning of June 10, but after he narrated his ordeal to PSI Kasbe, the accused duo assaulted him again," Coatwala added.

"Instead of taking any action against the accused duo, PSI Kasbe shifted my client to another barrack. Since Faras is the Jawabdar of his barrack, he is a close aide of PSI Kasbe. This is the reason why no legal action has been taken against the offenders and all the prison staff members are trying to suppress the matter," he added.

"As my client hails from Uttar Pradesh, he is being pressured by the prison authorities to remain silent on the incident. He is in deep pain and his life is in danger," the advocate said.

That same day, on June 10, Coatwala approached the NM Joshi Marg police station with a written complaint.

"The cops were initially not ready to accept my written complaint and were trying to get me out of the police station, but I dialled the police control room number and made the on-duty officer talk to them. Later, they just put a stamp on my complaint, but filed no FIR," he added.

"The local police station and the corrupt prison staff members always suppress the matter. This is the reason why such cases are rampant at Arthur Road jail," he said.

Infighting: Jail top cop

Superintendent of Arthur Road jail Nitin Vayachal told mid-day the matter was of infighting among the inmates on June 8. "Infighting is common and happens in all jails. In this case, the 24-year-old inmate had informed PSI Kasbe about the infighting. On the night of June 9, senior jailer Lahu Kanaskar found something amiss with the 24-year-old inmate, who told Kanaskar that he had been sodomised by two co-prisoners," Vayachal.

"Kanaskar recorded his statement and on June 10, the prison medical staff referred him to JJ hospital for a medical examination. The report is awaited," he added.
"Simultaneously, we also wrote a complaint letter to NM Joshi Marg police station, but no FIR has been registered yet, as the cops are waiting for the medical report," said Vayachal, who claimed that he was on leave when the incident happened.

‘No plaint from jail'

A police officer from NM Joshi Marg police station confirmed receiving a complaint from the 24-year-old inmate's advocate. "Our enquiry is underway, and the FIR is yet to be registered," the cop added.

When asked about the complaint from Arthur Road jail, the officer said, "We have received no such complaint from the jail. But we are conducting an enquiry based on the advocate's complaint."

Calls and messages to zonal Deputy Commissioner of Police Akbar Pathan went unanswered.

June 10
Day when the alleged assault happened in the wee hours