Naresh Laxminarayan Maharana alleges unlawful detention at Yerwada Central Prison, prompting investigation by the Maharashtra State Human Rights Commission | Representative Image
Mumbai: Naresh Laxminarayan Maharana, a former inmate of Yerwada Central Prison, in his complaint filed before the Maharashtra State Human Right’s Commission (SHRC), has alleged that he was unlawfully detained for over two months despite having completed his sentence and being granted bail in a related case.
In a letter to the State Human Rights Commission (SHRC), Maharana claimed he was held in jail from April 16, 2023, to June 22, 2023, without any legal justification.
The SHRC had investigated the matter following a report from the Superintendent of Yerwada Central Prison. The report stated that Maharana, convicted for offences including cheating and conspiracy under the Information Technology Act, was sentenced to four years’ imprisonment and fined ₹700 by the Shivaji Nagar Court. Since Maharana had already served the requisite prison time, he was due for release on April 16, 2023.
However, he was not released. Instead, he was transferred as an undertrial in connection with another case before the Crime Branch CID (CBCID Court), Egmore, Chennai. Despite repeated requests from Yerwada prison authorities for police protection to transfer him to Chennai, no assistance was provided by local police in Chennai.
On June 22, 2023, the Yerwada prison authorities received a letter from the Superintendent of Central Prison-II, Puzhal, Chennai, confirming that Maharana had been granted bail by the Egmore court on October 21, 2019, and had no pending cases. Following this confirmation, Maharana was released the same day.
The SHRC’s order stated: “Considering the above facts, it becomes clear that the allegation made by the complainant is correct. He was detained at Yerwada Central Prison without any valid legal reason. The failure to communicate the bail order from Puzhal Prison and the lack of action by Yerwada prison authorities amounts to a serious violation of the prisoner’s human rights.”
During the hearing, Yerwada jailor R.B. Jagtap had admitted that the Superintendent of Yerwada Central Prison failed to correspond with Puzhal Prison or inform senior prison authorities in Maharashtra about the bail order, leading to Maharana’s unlawful detention.
In light of these findings, the SHRC directed the Additional Director General (ADG) of Prisons to investigate and fix responsibility on the officer(s) responsible for the lapses resulting in Maharana’s illegal detention. Orders are also being passed to coordinate with Tamil Nadu prison authorities to identify the cause of the delay in communication regarding the bail order and hold the responsible officer accountable.
Further the orders also asks the ADG of Prisons to compile and review similar instances of wrongful detention in the last year and file an affidavit detailing the findings before the commission.
