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This is an archive article published on May 10, 1998

Tribal moves SC against illegal detention & harassment in jail

THANE, May 9: A forty-year-old tribal villager from Vaghote in Wada taluk, who was illegally detained in the Yerawada jail for one month des...

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THANE, May 9: A forty-year-old tribal villager from Vaghote in Wada taluk, who was illegally detained in the Yerawada jail for one month despite being acquitted by the Mumbai High Court, has now approached the Supreme Court.

Pandhari Shridhar Kavale was initially convicted along with his two brothers, Shankar (50) and Ananta (30), for allegedly murdering their brother Sadhashiv.

Apparently, the trouble started over a property dispute. Sadhashiv used to stay in a separate house — behind the place where the other three brothers used to stay — with his wife and children. All the property was partitioned amongst the four brothers, except for the trees standing in the field.

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The dispute reportedly started when the trees were sold off for Rs 8,000. Out of this, Sadhashiv received Rs 2,000. The other three brothers were not satisfied with getting Rs 6,000 between them and wanted a bigger share.

There were frequent quarrels in the household about this and on August 4, 1994, it appears that Shankar startedhurling abuses at Sadhashiv. Later, the three brothers, armed with spears, reportedly assaulted Sadhashiv, who died on the spot.

Additional judge S D Mohod who tried the three brothers held them guilty of the charges under section 302 of the IPC and sentenced them to life imprisonment. The order was was challenged in the High Court and the three accused were acquitted on March 20, 1998. But Shridhar was reportedly detained in the Yerawada prison for a month despite the HC order.

Shridhar has now lodged a complaint with the Supreme Court. His counsel, Prakash K Bhatia, has said that on April 1, 1998 he had written a letter to the Superintendent of Yerawada prison about the HC order but the latter did not reply at all.

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Following this, the release writ along with the letter of the advocate was sent to the jail superintendent the following day, but the superintendent of prison reportedly asked them to pay money first. Again, when some of the villagers from Vaghote went to the jail seeking Shridhar’srelease, prison officers reportedly demanded money.

The counsel further said that for reasons best known to them, the jail authorities delayed the release of the accused and harassed the relatives who visited the jail.

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