Are you shielding accused builder,HC asks police

Additional public prosecutor Jayesh Yagnik,however,informed the court that the police had taken steps to ensure that not only Bijlani but all suspects facing murder charge do not avoid police custody by going to hospital under the garb of an illness. He said when an accused claims to be unwell,government authorities would insist in an independent examination of the accused by a medical board.

The court observed that it was open for the state government to take these steps even prior to the petition filed in the court by Lohariya’s son Sandeep. “We are surprised that the steps have been initiated when the petitioner (Sandeep) moved court,” Justices Dharmadhikari and Gautam Patel observed.

Sandeep’s lawyer Himanshu Kode told the court that Bijlani uses cellphones in hospital,holds meetings with office associates and is driven to court in a Mercedez Benz. Sandeep said no action was taken against Bijlani despite a complaint to the Thane police

commisioner.

Yagnik informed the court that while a police officer who had escorted Bijlani to the hospital had been suspended,another officer is facing a departmental inquiry.

The court also asked why police did not pursue Bijlani’s case with higher authorities of the hospital. “You should have taken it up with the highest civic hospital authorities. But you did not. Do you do this with regard to every prisoner?” Justice Dharmadhikari asked. Justice Patel added,“The impression for the last three hearings (of the case) is that law enforcers are shielding this man (Bijlani). Now if they want to reinforce this impression or dispel it,is up to them.”

The court also pointed out that there was a history to Bijlani’s case as he had not surrendered immediately and sought anticipatory bail before a court that did not have the requisite jurisdiction. “You (Mumbai police) had to go to the Supreme Court. Until then you did not get custody even for ten minutes. And after all these efforts you just let him go?” Justice

Dharmadhikari said.

The court directed police to file an affidavit stating their stand in the case by September 23 and asked the Deputy Commissioner of the Crime Branch to be present in court with all records of the case.