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We refuse to believe it was accidental death: High Court

Division Bench raps Crime Branch over lax in probe into Byculla Jail inmate's death

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Anand Shetye (L), and Sharad Shetye, brothers of Manjula Shetye, who died in Byculla Jail, show her photograph standing outside JJ Hospital
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The Bombay High Court on Monday pulled up the Crime Branch for a shoddy probe into Byculla Jail inmate Manjula Shetye's death. In an affidavit filed before the court, jailor Tanaji Gharbudave stated that Shetye was rushed to JJ Hospital after suffering from loose motions and falling unconscious in the prison. It denied that she was assaulted by any inmate or prison official.

The affidavit was submitted during the hearing of a public interest litigation (PIL) filed by activist Pradeep Bhalerao seeking transfer of the investigation to Criminal Investigation Department.

A division bench of Justices RM Savant and Sadhana Jadhav refused to accept the prison official's claim of accidental death and pulled up the Crime Branch. "This is not just about the death of one person but in the larger interest of the society. See to it that people do not lose faith in you (crime branch)," the judges said.

To back their claim that Shetye died by accident, prison officials relied on the death information certificate issued by JJ Hospital's Dr Vishwas Roke, who examined her on June 23 and reported that she had not suffered any external injuries. The report was contrary to the autopsy report obtained few days later that said the cause of death was due to multiple injuries.

An irate court remarked, "The doctor is yours, prison guards who saw Shetye fall in the washroom are yours, we see that you have not left any stone unturned to shield someone."

The court also noted that Dr Roke's statement had not been recorded so far, and directed the Crime Branch to do so within three days and file a status report during the next hearing on July 31.

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