The Bombay HC on Monday told the state that it was getting an impression that prime accused in the Sunil Lohariya murder case Suresh Bijlani is being “shielded” by the police. It pulled up the state for not following the jail manual and directed it to file affidavits after the state informed court that one of the police officials had been suspended and an inquiry was underway regarding another in the case.
While acting upon a petition filed by Lohariya’s son, a division bench comprising Justice S.C. Dharmadhikari and Justice Gautam Patel had on September 13 lambasted the state for taking a soft stand against Bijlani, who according to state, was evading investigation by the police and undergoing interrogation.
“Now that you (state) have admitted that there are lapses, you must file an affidavit stating the same,” said Justice Dharmadhkari, adding, “When an accused is in police custody, you just take him to hospital if he says he is unwell?”
The court remarked that there were specific directions in the jail manual in case an accused complains of illness. The accused has to be first taken to a medical officer, and on his consent he can be taken to the prison hospital and depending on the nature of his illness, he can be shifted to a civil hospital, said the court.
The court directed the state to file an affidavit stating what steps were taken after Bijlani complained of illness and on what grounds was he advised indoor treatment. It also directed the state to carry out an independent medical examination of Bijlani by a medical board. In addition to this the court summoned the DCP (crime branch) to be present during the next hearing on September 21.