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A Thane-based convict has accused Nashik jail authorities of assaulting him. His wife claims that despite the courts ordering the police to lodge an FIR against jailers, the police have failed to act.
Vencil Miranda (36), a murder convict, serving life imprisonment, had been lodged at the Nasik jail since 2016. According to the complaint’s letter to the Chief Judicial Magistrate in 2016, he was beaten up by the jail authorities on December 24, 2016. “I was in the solitary cell when one of the officers approached me. He asked me to accept a phone and sell it to someone else. When I refused, he broke the phone and threw it in my cell, after which he called other officers. The other officers checked my cell and found the phone. They started beating me up and I suffered over 30 serious injuries,” read Miranda’s letter.
His wife Aria Miranda said, “He was badly injured. The officers kept threatening that they would get him killed. So, we approached the principal district judge.”
Following an order of the principal district judge on April 16, 2017, the Chief Judicial Magistrate had ordered the Nashik City Police to register an FIR, claimed the Mirandas. “The jail authorities then approached the Additional Sessions Judge against this in a criminal revision application,” said Aria.
However, in an order dated December 28, 2017, the Nashik Additional Sessions Judge stated, “The injury certificate issued by the CMO, Nashik jail, pertaining to the injuries of the complainant due to the assault at the hands of Nashik jail authorities prima facie supports the allegations and, therefore, there is a necessity to investigate the allegations of Opponent no. 1 (Vencil Miranda) against the jail authorities.”
The judge, M H More, added, “So, I hold further that the order passed by Ld. CJM is legal and proper and there is no necessity to interfere the same.”
However, according to Aria, despite it being months since the order was passed, no FIR has been lodged. “We have been writing continuously to the police to give us a copy of the said FIR. However, they have been delaying lodging the FIR to protect the jail authorities,” she said.
Vencil has also been writing to the Nashik City Police. “The last communication he had received from them was that since the matter was sub-judice, they haven’t taken any action yet,” she said.
According to BK Upadhyay, IG (prisons), the Nashik Jail authorities have approached the High Court against the order. Rajkumar Salli, superintendent, Nashik Jail, said, “In this case, the convict was hiding the phone. When the authorities found out, he assaulted them. Since he couldn’t get away, he has filed a baseless case. So, we have approached the High Court and the matter is sub-judice.”
Aria Miranda, however, said, “There was no stay given on the order. Even if they have approached the High Court, why haven’t the city police lodged an FIR yet? That is clearly contempt of court order.”
According to Nashik Commissioner of Police, Ravindra Singhal, the matter is under inquiry. “My officers have informed me that they are making enquiries in the case after the court’s order. I will have to read the orders but we are acting on the matter,” he said.
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