In a landmark decision, Mumbai High Court on July 21 directed the State Government to initiate a departmental inquiry against former superintendent of Arthur Road jail Swati Sathe and other prison officials in connection with the assault on undertrials, including the accused in the Mumbai train and Malegaon blasts cases. The division bench of Justice Bilal Nazki and Justice A.R. Joshi, who directed the state government to initiate enquiry against prison officials, further ordered an inquiry against the jail doctors for ‘dereliction of duty and for fudging the records’. The court has asked State Chief Secretary Johny Joseph to start the disciplinary inquiry within a month and complete it within six months time. The court directives further said that if needed criminal action can also be initiated against the concerned officers. The judges also termed the transfer of the accused from Arthur Road jail to other jails in the state as wrong. According to the court, the transfer of the prisoners was ‘illegal’ and they should be brought back to Arthur Road jail.
A petition was filed against the jail officials in July 2008 by Saeed Shaikh, son of one of the Mumbai train blasts accused Mohammed Shaikh alleging that his father and many other prisoners were mercilessly beaten with batons, sticks and stones. His father fractured his leg, and the petition alleges he was not given any medical treatment. Shaikh had alleged at least 30 accused were beaten mercilessly on June 28, 2008 under the guise of shifting them to other prisons.