By TwoCircles.net Staff Reporter,
Mumbai: Civil and session court here has come down heavily upon the police escort party and jail authority for harassing accused persons in alleged Indian Mujahideen threat email case of 2008.
Judge A M A Khan was scheduled to hear the case on Wednesday when the defense lawyers informed court that despite specific court orders Arthur road prison authority is not allowing accused home food facility and also not sending them to hospital for medical treatment.
Arthur Road Prison, Mumbai
Advocate Tahiwar Pathan told court that even though court allowed his client Usmani home food facility due to illness and advice by doctor to have special food the prison official is not letting him access the home cooked food.
He also told court that jail authority do not send accused to hospital for medical follow up and ask for fresh orders from court although court has already directed jail authority to send accused to hospital for medical treatment.
Terming the behaviour of jail authority as ‘prejudice’, the court asked Investigation officer (IO), “What do you think the jail authority means to achieve by doing this? Do they want money?”
Some accused persons addressed to the court and said they are being unreasonably put to hardship by the prison authority and that what more can they do than obtaining court orders.
The court fumed and again questioned IO, “Is not court’s order sufficient for jail to oblige with? Don’t you think these accused are unnecessarily being harassed?”
The court then issued show cause notice to the jail and strictly ordered to follow all previous orders without asking for fresh orders.
This was not enough when the 10-12 accused who were produced from Arthur road jail complained to the court that they were brought to the court with hand cuffs while the escort party has no direction by this court to hand cuff and when they asked for court order, the escort party abused and threatened them.
Advocate Pathan argued before court that there are specific directions from the Supreme Court not to hand cuff any accused without first securing order to that effect from the trial court.
There are many Supreme Court judgments where in the court has given guidelines if the cops are of the opinion to hand cuff accused. Cops cannot hand cuff accused on their will but has to first apply to the concerned court where accused is being tried and only after the court allows, accused persons can be hand cuffed.
The court then called escort party in charge to the witness box and asked to explain. The escort party in charge said to the court that they were not aware of the Supreme Court directions and will not hand cuff next time.
He denied other allegation of abusing and threatening accused persons to which Advocate Pathan told court the incidence is being captured in the CCTV installed at the entrance of Arthur road jail and court can call footage from prison to verify.
The court has asked escort party in charge to file written response on the complaint. The matter is now scheduled for next hearing on September 5.