Gujarat HC seeks govt response on FIR demand in custodial death case

Ahmedabad: The Gujarat high court on Monday sought a response from the authorities concerned over a petition seeking registration of an FIR over the death of a man in Vejalpur police custody, alleging custodial torture.

Zahiruddin Shaikh was detained under preventive law and then taken in custody by Vejalpur police in connection with a cow slaughter case, which was registered on May 5 against Shaikh and others. His death on May 20 sparked a controversy, with the family members alleging custodial torture, while police claimed that he died due to overdose of prescribed drugs.

Five days later, Shaikh’s son, Taufiq Shaikh, filed a petition in the HC through advocate Musaib Shaikh, demanding an FIR, independent investigation and seeking directions to preserve CCTV footage of the Vejalpur police station, station diary entries, medical papers and call records.

The petitioner submitted that his father was taken to Vejalpur police station, where he was allegedly “subjected to physical assault and forceful administration of unknown substances while in custody”. Thereafter, the deceased was shifted to Sardar Vallabhbhai Patel Institute of Medical Sciences and Research (SVP Hospital), Ahmedabad, where medico-legal case (MLC) papers were prepared.

The petitioner further stated that the MLC papers specifically disclose allegations of assault and forceful ingestion of unknown substances, tablets and thinner liquid and further record that the incident occurred at Vejalpur police station. The MLC papers also contain the endorsement “ask for postmortem”, clearly disclosing commission of cognizable offences. However, his repeated requests for registration of an FIR were not heeded by police.

The govt lawyer submitted that an assistant commissioner of police conducted an inquiry in the matter and said no injury marks were found on the body. Justice D N Ray asked the govt lawyer to take instruction from the authorities concerned on why the FIR was not registered on the allegations levelled by the deceased’s family members in accordance with the Supreme Court’s order in Lalita Kumari case. Further hearing has been posted later this week.