LAWS(BOM)-2009-7-30

SAEED SOHIL SHEIKH Vs. STATE OF MAHARASHTRA

Decided On July 21, 2009
SAEED SOHIL SHEIKH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) All these writ petitions raise same questions and relate to the same incident. For the purpose of facts, we are taking Criminal Writ Petition No. 1377 of 2008 as it is more comprehensive than the other petitions. The writ petitions have been filed either by the prisoner or the person interested in their welfare. The prisoners are involved in some serious offences.

(2.) In this writ petition, which is filed on behalf of Mohd. Sohail Mehmood Sheikh, the son of the prisoner has stated that while in Bombay Central Prison, on several occasions prisoner was pressurized to become an approver by the Anti Terrorism Squad with the help of Jail Authorities. The prisoner complained to various authorities, he suffered mental agony, physical harm and abuse from Mrs. Swati Sathe, the Superintendent and Jailor Mr. Govind Patil.

(3.) On 28th June, 2008, Sohail and other 27 prisoners were brutally, inhumanly and savagely beaten up by the Jail authorities along with other convicts and gangsters by lathis, batons, belts and stone. Sohail was left unconscious, profusely bleeding, scarred with abrasions and cut wounds. The other prisoners also got seriously injured. Some of them got head injuries and fractures. Later on, Sohail was transferred to Nagpur Central Prison. According to this writ petition, on 28th June, 2008, 40 prisoners were mercilessly beaten in the Arthur Road Prison. One of the prayers in the writ petition was that the judicial probe be ordered into the incident of alleged assault on the prisoners dated 28th June, 2008.