Mumbai jail inmate murder: Accused jail personnel move court seeking dischargeUpdated: Feb 05, 2018 23:32 IST
The six jail personnel, who were booked for allegedly killing Byculla jail inmate Manjula Shetye, have approached the special women’s court seeking discharge on the ground that there was delay in the government granting sanction to prosecute them.
Vaibhav Baghade, lawyer for the six accused, on Monday moved a plea seeking discharge of all the six jail staffers — jailer Manisha Pokharkar, and constables Bindu Naikade, Waseema Shaikh, Shital Shegaonkar, Surekha Gulve and Aarti Shingne.
As per the rule, to prosecute any government official, the investigating agency has to obtain a sanction from the government. In case of the jail staff, the state government had recently granted sanction to prosecute six jail personnel who have been charge-sheeted in Shetye’s murder.
However, the defense claims that the prosecution sanction has come late. “The sanction order from the government has come late. Admittedly there was no prosecution sanction at the time, the crime branch filed the charge sheet before the magistrate court. The order was not presented when the magistrate court took cognisance of the charge sheet,” Baghade said.
After taking the plea on record, the court has now asked the prosecution to reply on the submissions of the defense. The special public prosecutor Vidya Kasle said they would make submission on February 20, when the court is scheduled to hear the plea.
As per the prosecution’s case, Shetye, a convict and a jail warden, was allegedly brutally assaulted by the officials of Byculla prison on June 23, 2017 because she had complained about missing eggs and loaves of bread from the morning ration. The police recorded the complaint of an inmate who was an eyewitness. The probe was handed over to Mumbai crime branch who, on July 1 arrested six jail officials for murder.