VIBHA VERMA
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PANJIM: A magisterial inquiry into the escape of history sheeter Michael Fernandes from jail has indicted two jail officials for dereliction of duty and recommended that a first information report (FIR) be filed against them.
The inquiry has also pulled up the Aguada jail superintendent, assistant superintendent and jailor on-duty for not efficiently carrying out their respective supervisory duties.
The 50-odd page report, submitted to the Home Department last week, also suspects that police escorts connived with the jail staff to facilitate Michael’s escape from the Aguada jail premises in broad daylight on October 15, 2013.
It has held head guard Shyam Gauns and jail guard Vishwanath Kuttikar responsible for the escape while observing that Michael has given the police and the jail administration a slip at least four to five times in the past.
“By and large Shyam Gauns, head guard
and Vishwanath Kuttikar, jail guard are primarily responsible…but their escape was primarily not orchestrated by them but only because of their lackadaisical approach…” Additional Collector Dipak Desai, who headed the inquiry, said in the report.
“Considering the past notoriety of the convict it was imperative on the part of the jail administration to tread a cautious path and keep constant watch on the said prisoner (Michael).”
As per the report the assistant superintendent does not even know the capacity of the prison and duties to be performed by him, the report says.
Michael, who was housed in cell number 6 of the high security complex, had escaped from the jail at about 12:38pm when he was being brought to the jail by four police personnel including one head constable after a court appearance. He scaled the jail wall facing the sea and fled into the thickly forested Aguada hill.
The Prisons Department subsequently suspended assistant jailer Vithoba Kotkar and head guard Shyam Gawas. The criminal was traced in the neighbouring Maharashtra, a fortnight later and lodged back in the jail.
IRB constable Sunil Kurade had frisked Michael at the entrance of the jail and jail guard Sunil Naik also made an entry in the register. But Michael was thereafter left unattended and as he walked towards his cell, which is hardly 30 meters from the entrance, he fled.
The inquiry findings also point out that jail officials were in the know, well in advance that Michael was always set to free himself from the jail premises.
“The worst point is that they (jail officials) have not even bothered to escort the prisoner till inside his cell after coming back from the court. So also it has come on record that he was always on the move to find out ways and means to escape from the jail which fact was known to them, but no heed was paid to the said motives of the prisoner and they have taken him for granted inspite of the fact that this very prisoner had made good his escapes in the past and that too by throwing up open challenges to the jail administration,” Desai commented.
The inquiry officer blamed lack of control, supervision and improper performances of jail officials’ duties for the escape. The report also directs the Police Department to conduct inquiry against its police escorts team for their alleged nexus in the escape.
Besides, it has recommended a set of remedial steps to prevent reoccurrence of such incident such as head guards/jail guards be allowed security duty till the age of 50-55 years and thereafter be put on administrative work. The Colvale jail also has to be taken up on a war footing as the scope to carry out improvements at Aguada would be huge and time consuming. Installation of CCTVs and mobile jammers, proper frisking of inmates are among other recommendations.
Michael is involved in as many as 49 cases out of which he is convicted in one case, acquitted in 32 cases while 16 are presently on trial.
Secretariat sources said action will soon be taken against those responsible and the suggestions made would be taken up for implementation.
Clean chit for assistant jailor
PANJIM: The inquiry has given a clean chit to suspended jail officer Vithoba Kotkar terming him as ‘frail’. “The frail assistant jailor, who was on duty was helpless as he was awe-struck just gaping…and being shell-shocked may have also taken a few seconds to ring alarm bells. The siren system too isn’t working,” the report mentioned.
“He is aged 59 years and feeble in nature. Although, it was not his duty to follow the prisoner, the poor chap guided by his inner conscience deemed it fit to reach the prisoner into his cell but when he saw Michael on the top of the wall he was helpless and he shouted for help from his colleagues but there was no immediate help from anybody,” the report observed.
