Sodomy in prison: Cops, jail officials order double probe

Arthur Road prison. File pic

Additional Director General (Prisons) Amitabh Gupta has taken cognisance of mid-day's report on a 24-year-old POCSO prisoner who was allegedly brutally sodomised by two inmates of Arthur Road prison last week. Gupta has asked Deputy Inspector General (South) Yogesh Desai to conduct an inquiry into the matter and submit a report at the earliest.

The NM Joshi Marg police, meanwhile, have registered an FIR against the prisoners - Sameer Shabbir Shaikh alias Pudi, 22, and Rashid HasanFaras, 36 - for assaulting the youth. Zonal Deputy Commissioner of Police Akbar Pathan was camping at the NM Joshi Marg police station on Monday and stayed there till evening. Sources said an NM Joshi Marg police team entered the jail and have spoken to more than 80 prisoners to verify the allegations made against Faras and Pudi.

A highly placed source at the prison said that Faras, who is hand-in-glove with prison staff members at the jail, has been hurriedly shifted to an anda [high-security] cell. "Faras, Pudi and the POCSO prisoner have been adjusted in separate barracks. The Mumbai police team had come to the jail and the cops were informally asking many inmates about the incident; about 80 of them spoke to the cops from NM Joshi Marg police station on Monday," the source stated.

The NM Joshi Marg police station. Pic/Atul Kamble

"The first information report (FIR) was registered under Indian Penal Code Sections 377, 323, 504, 506 and 34 after recording the statement of the POCSO prisoner who narrated his ordeal to the police team," said Arvind Chandanshive, senior inspector, NM Joshi Marg police. Faras, imprisoned in an NDPS [Narcotic Drugs and Psychotropic Substances] case, is the boss of his barrack.

The POCSO prisoner, who has been inside the high-security prison since April, had informed Vijay Kumar Kasbe, the in-charge of the Circle, but officials did nothing. "Later when a senior jailer, Lahu Kanaskar, learnt about the despicable act, the POCSO prisoner was rushed to JJ hospital for medical examination as well as treatment because he was writhing in pain," said a prison source.

According to a prison source, Faras is domineering as he has been imprisoned for over four years. "All the prisoners at the barrack abide by what Faras says, and if anyone dares to go against him, he is badly assaulted or sexually abused," said a prison source.

As per the FIR, the POCSO prisoner told police that the incident took place on June 7 between 1.40 and 2 pm. "The prison staff initially tried to suppress the matter. He (the prisoner) had been writhing in agony and he even had informed the Circle in-charge, but none of them paid heed. Later, he was rushed to JJ hospital on June 10 to conduct his medical examination," said a highly placed source at the prison.

Asked if action will be taken against Kasbe or any other prison staff for reportedly suppressing the matter, the ADG (Prisons) Gupta said, "The DIG is conducting the enquiry." Police Sub-Inspector (PSI) Sagar Shirke has been appointed to probe the case. "No arrest has been made so far, as we are investigating the matter. The medical report of the POCSO prisoner is yet to come," Shirke told mid-day.

A source at the police station told mid-day that the jail authorities are yet to hand over relevant documents to NM Joshi Marg police to assist them in their investigation. The interrogation of both the accused is yet to be conducted.

Meanwhile, the prisoner's hospitalised father told mid-day, "I don't know what is going on inside the prison. I don't have anyone in Mumbai. I have been admitted to a hospital in Gorakhpur. If I say anything against the prison staff, they will kill my son. I am worried about his safety. Please save my son and provide him with adequate medical treatment."

Arthur Road jail has been in the limelight, of late, for all the wrong reasons. In April, an inmate Iqbal Abbas Shaikh, who has been imprisoned since September 2021 in connection with a murder case, had first asked a havaldar about a proper space to sleep but was told to pay up, according to his brother Sikandar.

When he argued against this and insisted on having the space, Havaldar M K Bhoir allegedly first verbally abused him and later caned him mercilessly on April 24; resultant of which, Shaikh sustained two right-hand fractures. The prison staff, however, delayed giving him medical treatment and was admitted to JJ hospital after three days. His surgery was conducted on May 2.

After mid-day highlighted the incident, Home Minister Devendra Fadnavis ordered a probe into the scam, which took place under the nose of Jail Superintendent Nitin Vayachal, who claims that he was on leave when the incident took place. No police complaint has been registered in connection with the incident, as the NM Joshi Marg police shooed away the Sikandar when he visited there with a written complaint.

"The cops did not entertain me. The (then) senior inspector Sunil Chandramore first heard me out and later told me to go. It's been close to two months since my brother was assaulted, but the FIR is yet to be registered, despite going to the police station with my complaint," Sikandar said .

"I don't know what investigations the cops and prison staff are doing if the FIR is not registered. What if my brother is killed inside the prison? Who will be held responsible," he asked. The same DIG Yogesh Desai was asked by the ADG (prisons) to conduct the investigation into Iqbal's allegation. Asked if the inquiry report has been submitted by the DIG, Gupta said, "It will be submitted in a day or two."

June 7
Day alleged assault occurred

5
No of IPC sections invoked against duo