Kotkhai custodial death case: Himachal IG Zaidi back in judicial custody for misusing bail concession

Fortnight ago, senior police officer Soumya Sambasivan, the then Shimla SP, informed the CBI court that Zaidi tried to influence and pressurise her to change her statement

A special CBI court here on Friday cancelled the bail of suspended inspector general of police (IGP) Zahur Haider Zaidi, an accused in the Kotkhai custodial death case. He was taken into judicial custody.

The application moved by the CBI said that the trial court (then at Shimla) had imposed certain conditions on Zaidi while granting him bail. (Representative Image)

Stating that Zaidi had “misused the concession of bail”, the Central Bureau of Investigation had moved an application in the special court four days ago seeking cancellation of his bail and issuance of a non-bailable arrest warrant in the interest of justice.

The application was moved after a senior police officer Soumya Sambasivan, the then Shimla superintendent of police, filed an application in the CBI court saying “Zaidi tried to influence and pressure her to change her statement in the court.”

Zaidi was first arrested on August 29, 2017, within 38 days of CBI taking over the investigation and remained in custody for over 19 months. He was released on April 6, 2019, via a Supreme Court order.

On Friday, in a reply to the CBI’s application, Zaidi’s counsel there was no reason for his client to feel or become so desperate to threaten or intimidate the prosecution witness. He further said after the statement of witness Soumya, his client was again suspended on January 15, 2020, and rendered powerless to exert any influence on any witness.

He submitted that the CBI should have verified from Soumya about the contents of two telephonic calls of long duration (20 minutes and 13, made one after another, to find out as to why the conservation lasted that long. The judge, however, observed: “This submission of the counsel of the accused itself corroborates her statement regarding the allegations levelled against the accused on January 8, 2020. Therefore, the accused cannot take benefit of this.”

Should not have made the call: Zaidi

With regard to a call made by Zaidi to additional SP Bhupinder Singh on January 6, 2020, the counsel submitted that it done by the IG only to know whether the prosecution witness Soumya Sambasivan was coming for her deposition on the date of hearing on January 8,2020, or not, so that the defence could accordingly finalise its questionnaire for her cross-examination.”

“However, on the hindsight, the accused feels that he should not have made the call for even such an innocuous query, especially considering the unnecessary alarm which it seems to have caused to the witness,” said the counsel.

This kind of act is not expected from a top cop: Judge

CBI special judge Sushil Kumar said: “The accused (Zaidi) had violated the terms and conditions of the bail bonds and personal bonds. He has tried to intimidate, pressure and influence the prosecution witness Soumya with an intent to change her statement.”

“This kind of act and conduct cannot be expected from such a high-rank officer of the police department. If he can intimidate, pressure, influence another officer of a senior rank, there is every possibility of him pressuring other (low-rank) witnesses of the department,” he further observed.

“Only 28 witnesses have been examined to date out of 107 witnesses. The other material witnesses are yet to be examined. Thus, the act and conduct of Zaidi is not worthy of credit and violates the terms and conditions of the bail bonds,” the judge observed, while cancelling the bail.