The Supreme Court has ordered the registration of an FIR and a Special Investigation Team (SIT) probe into the alleged custodial death of 70-year-old Zahiruddin Shaikh in Ahmedabad, bringing the case under fresh judicial scrutiny.
Shaikh was arrested by Vejalpur Police on May 18 in connection with an alleged cow slaughter case. He was subsequently taken to hospital and died on May 19.
His family has alleged that he was assaulted and tortured while in police custody. Police had initially registered an accidental death case, while the family continued to seek an FIR over the circumstances surrounding his death.
SUPREME COURT ORDERS FIR
A Supreme Court bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana found that a prima facie case existed for registration of an FIR.
The court directed that the FIR be registered without naming any suspect at this stage, allowing the investigation to determine responsibility based on evidence.
The bench observed that when an unnatural death takes place in police custody, the circumstances require proper examination and an FIR must follow if incriminating material emerges.
SIT TO INVESTIGATE THE CASE
The investigation will be conducted by a Special Investigation Team comprising DCP-rank officers along with two officers nominated by the Gujarat Director General of Police.
The Supreme Court has asked the SIT to complete the investigation and submit its final report before the jurisdictional magistrate as soon as possible, preferably within three months.
The direction is significant because the family had earlier approached the Gujarat High Court seeking registration of an FIR, but the High Court declined to grant that relief.
FAMILY ALLEGES CUSTODIAL TORTURE
Shaikh's family has made serious allegations regarding what happened while he was in custody.
According to the petition before the Supreme Court, Shaikh was allegedly assaulted and forcibly administered a large quantity of prescription medication.
The family also relied on alleged dying declarations in which Shaikh reportedly described what had happened to him before his death.
These allegations have not yet been established through the investigation, and the SIT will now be responsible for examining the evidence and determining whether criminal offences were committed.
COURT ORDERS PROTECTION FOR FAMILY
The Supreme Court also directed the Ahmedabad Commissioner of Police to assess the threat perception faced by Shaikh's family and take appropriate measures for their protection.
The family had alleged that they faced pressure after seeking action in the case.
The Supreme Court's intervention now shifts the focus to the independent investigation and whether the SIT can establish the circumstances that led to Shaikh's death.
The case could also become significant in the wider debate surrounding accountability, transparency and safeguards against custodial violence in India.
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