SC sets up SIT, orders filing FIR in alleged custodial death case in Gujarat

The Supreme Court on Thursday ordered the setting up of an SIT and registration of an FIR into the alleged custodial assault and death of Jahiruddin Gyasuddin Shaikh, and to file a final probe report preferably within three months before a Gujarat court.

The petition, filed by Tofik Shaikh, the deceased's son, challenged a Gujarat High Court order dated May 29, which dismissed his plea seeking registration of an FIR and an independent investigation into the death of his father while in police custody.

The high court held that the petitioner should first avail the statutory remedy under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before approaching a constitutional court.

At the outset, a top court bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said that in case of an “unnatural death in police custody, a preliminary inquiry is required. If there is any incriminating material, an FIR has to be registered”.

The bench did not agree to the submission of Additional Solicitor General S V Raju that instead of an FIR, let there be a preliminary enquiry.

Moreover, a magisterial inquiry was underway and a team of five doctors, who performed the autopsy, did not find any injury, the law officer said.

On the other hand, the counsel for the petitioner alleged that police were protecting the accused in the case, while the son of the deceased was also being threatened.

“We are satisfied that a prima facie case for the registration of an FIR without naming any suspect at this stage is made out. The FIR under BNS provisions shall be investigated by an SIT comprising DCP-rank officers alongwith two officers to be nominated by the DGP, Gujarat,” the bench ordered.

It directed the SIT to file the final report before the jurisdictional magistrate as soon as possible, preferably within three months.

“If the petitioner is dissatisfied, he shall be at liberty to submit a protest petition and seek further investigation, etc.,” the bench said.

It also asked the Ahmedabad police commissioner to inquire into the alleged threat perception to the petitioner and take “apt action”.

It has been alleged that the deceased was compelled to consume many diabetes pills.

“What is most compelling is the dying declaration. It is an assault…,” the bench said.

According to the petition, filed through lawyer Varinder Kumar Sharma, Jahiruddin Shaikh was arrested by the Vejalpur police on May 18, and allegedly subjected to severe physical assault while in custody.

The petition claimed that police personnel forcibly administered 30 to 40 tablets of prescription medicines to Jahiruddin, resulting in a fatal overdose.

It also alleged that before his death, the deceased made two dying declarations, one recorded in medico-legal papers at the SVP Hospital and another in two videos allegedly recorded by the petitioner, in which he named police personnel and described the alleged assault.

The petitioner said that despite these materials, no FIR was registered against the concerned officers.

The petition also alleged that repeated representations made to police authorities, including the commissioner of police, failed to result in the registration of an FIR and that the family was subjected to pressure to settle the matter.

It also claimed that despite allegations of custodial violence, the authorities registered only an accidental death case.

(With PTI inputs)