Arrest Mumbai jail officials who thrashed woman convict, inserted lathi in her private parts, say lawyers

Three days after Manjula Shetye, a 38-year-old murder convict, was beaten to death in Mumbai’s Byculla jail, legal experts want the jail officials allegedly involved in the murder to be arrested.

Senior counsel Mahesh Jethmalani said that the crime becomes more heinous when a person is assaulted in custody. “The jail officials should be arrested,” said Jethmalani.

Former Bombay high court justice, R C Chavan, said, “Nobody can evade arrest. Section 41 of the Criminal Procedure Code says that anyone apart from the Governor and the President can be arrested immediately.”

Former advocate general, Shreehari Aney, said, “If they can arrest a layman immediately who has been booked under the same charges, then they can arrest a police personnel as well. There should not be any exceptions for policemen, and they should not be given any special treatment.”

Nagpada police on June 24 registered a murder case based on the statement of a witness who was a close friend of Manjula, who vividly described the brutality Manjula suffered for asking for 2 eggs and 5 pavs (bread). The six jail officials had assaulted her, and even inserted a lathi (stick) inside her private parts, according to the FIR.

A case was registered at Nagpada police station under sections 302 (punishment for murder) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, after JJ Hospital authorities gave a preliminary post mortem report stating that Shetye sustained 11 to 13 contusions all over her body, and that her lungs had expanded due to the injury. JJ hospital officials had even confirmed that the victim was assaulted with a blunt object due to which she had sustained only internal injuries.

“We are looking for concrete evidence on the allegations levelled against the jail officials,” said a senior officer, requesting anonymity. Only after evidence is gathered would the officials be arrested, added the officer. Akhilesh Kumar, deputy commissioner of police (Zone 3), refused to offer any comments.