HC quashes case against PSI in prisoner’s death for want of govt sanction

Chhatrapati Sambhajinagar

The Aurangabad bench of the Bombay High Court has dismissed the case against police sub-inspector Balwant Jamadar, accused of hanging an unconscious inmate in custody, citing lack of mandatory government approval.

The order was passed on August 8 by justices Vibha Kankanwadi and Sanjay Deshmukh. The case, registered at Parli City police station in Beed district, alleged that Jamadar and other officers had illegally detained Tukaram Sambhaji Jogdand, suspected of motorcycle theft. Jogdand was reportedly subjected to physical and mental torture to force a confession. When he lost consciousness, officers allegedly hanged him and staged the death as suicide. They later gave false statements to mislead investigators, according to the probe. Jogdand’s mother had approached the court, claiming her son was murdered, and sought an FIR under IPC Section 302. A case was then filed against five police personnel of Parli City police station, based on a complaint by inspector Mayadevi Dankhe of the Crime Investigation Department. However, the bench observed that as Jamadar was a serving public servant, sanction from the government was essential before filing the chargesheet. Since no such approval was taken, even the sessions judge’s cognizance of the case was invalid, the court ruled. Jamadar had moved the bench through advocate Sudarshan Salunke. Assistant government pleader N.R. Daima represented the state.