SC raps Maharashtra, orders inquiry after undertrial is not produced in court on 55 hearing dates
The Supreme Court was hearing the bail application of a man who had been behind bars for over 4 years in a case filed in Ulhasnagar, Maharashtra's Thane district.
The apex court was hearing the bail application of Shashi Jurmani, who has been behind bars for over four years in a case filed in Ulhasnagar in the state’s Thane district. (File Photo)
The Supreme Court Tuesday expressed shock at the conduct of the Maharashtra authorities, and directed an inquiry to fix responsibility and take action after it was pointed out that an under-trial was not produced in court from a jail near Mumbai for 55 of the 85 dates of a trial hearing.
The apex court was hearing the bail application of Shashi Jurmani, who has been behind bars for over four years in a case filed in Ulhasnagar in the state’s Thane district. The case related to an alleged assault on a public servant, a police constable, who died two months later.
“We are shocked at the conduct of the state authorities. The production of an accused before the Court is not only to ensure a speedy trial but, more importantly, as a safeguard so that the prisoner is not abused otherwise, and he comes directly in contact with the Court so as to air his grievances, if any, against the authorities. We find that there has been a grave infraction of such a fundamental safeguard, which is appalling and shocking. We deprecate the same,” said Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra in the order passed on December 2.
The court directed the Director General of Prisons, Maharashtra, or the designated head of the Department of Prisons, to conduct a personal inquiry. “It is made clear that if any attempt is made to protect or shield any person, the Director General of Prisons/Head of department of prisons to whom we are entrusting the inquiry, shall be personally held responsible for the same,” the court said.
The report is expected to be submitted in two months, before the next scheduled hearing in February.
Jurmani’s co-accused, who had a similar role, was granted bail, his lawyer Sana Raees Khan told the court. Khan submitted that there was no evidence, including the constable’s testimony, who identified that Jurmani had assaulted him.
The petition included details of the hearings before the court in Kalyan, with the lawyer submitting that the court had heard the case 85 times, but Jurmani was produced only on 55 of the dates. On the merits of Jurmani’s bail plea, the court found that a case was made out for granting him bail.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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