Nagpur: The Nagpur bench of Bombay high court has dismissed a former prisoner’s petition alleging extortion and supply of contraband inside Nagpur Central Prison, while allowing a jail officer’s challenge to two inquiry reports that held him responsible.The petition was filed by Madankumar Shriwas from Hinganghat in Wardha district. A division bench comprising Justices Urmila Joshi Phalke and Nivedita Mehta last week held that his allegations against jail officer Krishna Chaudhary appeared “false and frivolous”. The bench imposed a cost of 10,000 on him to be deposited within two weeks in HC’s Public Welfare Account.The court simultaneously allowed another plea filed by Chaudhary, who had sought relief against an inquiry report of April 18, 2021, submitted by a retired district judge and a departmental inquiry report dated July 25, 2022, prepared by superintendent of Wardha District Prison. Both reports were quashed and set aside.Shriwas alleged that during his imprisonment from Sept 2014 to Sept 2015 in a murder case, jail officials demanded money to keep him in a separate barrack. He also alleged that contraband such as ganja, mobile phones and food items were made available to inmates for payment. He claimed that officials including Chaudhary and others extracted 1.08 lakh from him.Court noted that an FIR was registered by Dhantoli police over two of Shriwas’s prayers — for an inquiry and registration of an offence. The Bench refused compensation, saying the petitioner had not established custodial torture, physical harm or a proven violation warranting public law damages.The judges found serious procedural flaws in the inquiries against Chaudhary. It said the retired Judge recorded statements, collected records but did not give jail officers an opportunity to cross-examine witnesses. They held the inquiry was conducted “without following principles of natural justice.”Court also found that departmental inquiry violated Maharashtra Civil Services (Discipline & Appeal) Rules, 1979, as incriminating material was not put to the delinquent officers for explanation.The court said several witnesses examined did not support allegations of demand for money. It also indicated that Shriwas was placed in a separate barrack on Sept 9, 2014, before the period during which Chaudhary was alleged to have demanded money for that facility. “Maintenance of discipline in jails is a matter of utmost importance and is an important facet of security of the state,” the judges said.The judges did not quash FIR registered against Chaudhary by Dhantoli police, but allowed him to file proceedings for relief.
