'Circular Cannot Replace Guidelines': Bombay HC Raps Maharashtra Govt In Custodial Death Probe

Mumbai: The Aurangabad bench of the Bombay High Court on Friday pulled up the Maharashtra government for failing to frame proper guidelines on inquiries into custodial deaths, observing that “a circular cannot take the form of guidelines”.

Plea by Mother of Deceased Law Student

A bench of Justices Vibha Kankanwadi and Hiten Venegavkar was hearing a plea by Vijayabai Suryawanshi, mother of 35-year-old law student Somnath Suryawanshi, who allegedly died in custody in Parbhani in December 2024.

The State informed the court that a Special Investigation Team (SIT) had been set up in compliance with earlier directions. The SIT is headed by special inspector general of police, CID, Pune, Sudhir Hiremath, with senior officers from Nagpur and Nanded as members.

Concerns Over CCTV Footage Handling

While noting this compliance, the judges objected to the manner in which crucial CCTV footage from the jail was being dealt with. “Only a letter has been issued to the jail authority. In fact, it could have been immediately seized or CCTV footage could have been collected by visiting the jail,” the court observed.

Public prosecutor AB Girase, on instructions from superintendent of police, CID, Nagpur, Abhijit Dharashivkar, assured that the footage would be seized within two days.

Circular on Magistrate’s Report Under BNSS 2023

The bench further noted that the State had issued a July 16 circular making it mandatory for investigating officers to obtain a magistrate’s inquiry report under Section 196 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) before filing a final report. However, the judges said: “ We have our reservations to the said circular. Any circular cannot take the form of guidelines.”

Directions to Home Department

They directed the principal secretary of the home department to personally file an affidavit stating when guidelines would be framed, warning that “we cannot wait for the action from the Home Department in infinity.”

The affidavit must be filed by October 3, with the next hearing scheduled for October 10. The judges also ordered that the gist of the ongoing investigation be placed in a sealed cover before the Registrar (Judicial) of the high court to ensure confidentiality.

Also Watch:

Bombay HC Initiates Suo Motu Criminal Contempt Proceedings Against Advocate Over 'Scandalous And Defamatory' Remarks

Background of the Case

Earlier in July, the HC had directed police to register an FIR while hearing a petition by Vijayabai through advocates Prakash Ambedkar and Hitendra Gandhi. The plea alleged that her son was illegally detained and tortured following communal unrest in Parbhani.

Somnath, who was seen in viral videos holding the Constitution and recording protests peacefully, was arrested on December 12, 2024, and died three days later while in judicial custody.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/