Cops weighed down by RTPCR tests for accused

An accused in a POCSO case in Mumbai had to be escorted back to the police station for a COVID-19 test, causing inconvenience to police officials. Despite low COVID-19 cases, mandatory tests for accused before lodging them in jails are still in place. There are only two testing centers in Mumbai, causing logistical challenges for jail authorities. The police cannot keep accused in general lock-ups after granting judicial custody, leading to further difficulties.

MUMBAI: After an accused in a POCSO (Protection of Children from Sexual Offences Act) case was arrested and remanded to judicial custody by Byculla police last month, he had to be escorted back to the police station so that the mandatory RTPCR test could be conducted on him to rule out SARS-CoV-2 infection. Since it takes 12 to 24 hours for the lab results to be declared, policemen on escort duty had to guard him. Through the wait, the accused expressed a desire to end his life as he was arrested under POCSO, keeping the cops on tenterhooks. Fearing that he might harm himself, the entire escort team spent the night and better part of the next day on vigil.

Pune, India - March 01, 2022: A health worker collects swab samples of a citizen for Covid-19 test at a centre in Katraj, in Pune, India, on Tuesday, March 01, 2022. (Photo by Rahul Raut/HT PHOTO) (Rahul Raut/HT Photo)

The accused tested negative and was handed over to the jail authorities subsequently.

It is ironical that the system of mandatory tests continues in jails despite the pandemic having abated and all Covid 19-related restrictions lifted for civil society. The harried police officials are compelled to follow the Bombay high court order of 2020, which made RTPCR tests mandatory for accused before lodging them in jails across Maharashtra to prevent the spread of the infection. This extends to convicts transferred from jails outside the state as well. Once tested positive, they are kept in isolation.

The police department receives between 80 and 100 cases every day, of which approximately 50 accused are arrested for various offences registered by police stations across the city and are required to be sent to judicial custody, after each tests negative. In the interim, the staff of respective police stations feel burdened with the task of guarding the accused for a protracted period till they can be sent to custody.

Today despite the city reporting less than 10 Covid-19 cases every day, the government is yet to review the restrictions imposed under provisions of the Epidemic Diseases Act, thereby keeping the initial order in force, said a senior jail official.

A senior IPS officer said, “There are no travel restricts for citizens, but only jail authorities are following the rules. Unless a senior jail authority approaches the state government and HC, and new guidelines are put out, we have to follow the rules of RTPCR tests for accused granted judicial custody.”

There are only two centres for RTPCR tests in Mumbai -- the JJ Hospital in south Mumbai and Bhagwati Hospital, in Borivali. It is also the big task for jail authorities to take the accused from far-flung suburbs all the way to these hospitals to complete the formalities, followed by spending hours in queues along with the accused, as they wait their turn. The other option is to take the accused to a private laboratory for tests, at a price of ₹500, said a police inspector from the eastern suburbs.

“The long wait is a big issue. After granting judicial custody, the police cannot keep the accused in a general lock-up, as it is barred by the officer in-charge. Policemen are forced to keep the accused in common areas of the police station where they have to provide them food and space to sleep, and keep a tight vigil to ensure that they do not flee or harm themselves,” said the inspector.

Deputy inspector general, prisons department, of Arthur Road Jail, Yogesh Desai, said: “Unless the high court cancels the order, we cannot stop it. But since we are past the pandemic, we can take in the accused is they do not show symptoms.”