Mumbai: A special CBI court Thursday rejected an application filed by former media baron Peter Mukerjea, seeking direction to the Arthur Road jail authorities to transfer him back to the special cell from the general barracks of the prison. Peter had sought transfer citing health issues.
Special CBI court Judge J.C. Jagdale, who is conducting trial in the 2012 Sheena Bora murder case, said that though it is a fact that accused number 4 (Peter) underwent multi-graft bypass surgery at Asian Heart Institute, Mumbai, it is also a fact that he is lodged in a special cell.
The Judge however observed, “It has to be remembered that the internal administration of central jails is guided by prison rules. As per the said guidelines, the jail authorities are entitled to transfer the inmate from one barrack to another barrack for safety and care of the inmate. The jail superintendent is entirely and solely responsible for the safety and security of jail inmates. If any harm is caused to the jail inmate, the jail superintendent of Arthur Road jail will be held responsible. Therefore, an administration order cannot be passed against the prison rules. Hence, the prayer is
Peter was arrested in November 2015 and since then, has been kept in a special cell at Arthur Road prison. Recently however, the jail authorities shifted him to the general cell where regular prisoners are kept.
Peter, through advocate Amit Ghag, opposed this move before the trial court saying that he was very recently operated for a heart ailment and had not recovered properly and hence, needed to be kept in a hygienic place.
It was pointed out in the application that the special cell has better facilities and hygiene and a western-style toilet. It was further mentioned in the plea that in the general barracks, he faces a risk of contracting any infection which could pose a further risk to his health. However, the judge rejected the plea.