Peter Mukerjea’s plea to be transferred to special cell rejected
Mukerjea was arrested in November 2015 and had been lodged in a special cell at Arthur Road prison. However, he was recently shifted to a general cell.Updated: Nov 21, 2019 22:19 IST
A special Central Bureau of Investigation (CBI) court on Thursday refused to direct the prison department to transfer Peter Mukerjea, an accused in the Sheena Bora murder case, back to a special cell. The court observed that the transfer of any prisoner from one barrack to another is the prerogative of the prison authority.
Mukerjea was arrested in November 2015 and had been lodged in a special cell at Arthur Road prison. However, he was recently shifted to a general cell. Mukerjea’s lawyer Amit Ghag moved an application on Wednesday, pleading that his client be returned to the special cell.
In the plea, Mukerjea’s lawyer mentioned that the special cell had more hygienic conditions and better facilities, including a Western-style toilet. It further stated that Mukerjea recently underwent surgery for a heart ailment and is yet to recover completely.
The application claimed that if Mukerjea is kept in a general cell, he faces the risk of contracting an infection.
The special court had asked the CBI to submit its reply on the plea, however, the investigative agency said that the court could pass appropriate orders as per prison rules.
After hearing both sides, the court held that the transfer of a prisoner from one barrack to another is an administrative decision alone. However, the special judge further observed that the safety and well-being of the prisoner needed to be considered. The court stated that if an inmate were to be put at risk, only the prison authority would be held responsible.