SC upholds HC order directing FIR against police in Parbhani custodial death

The Maharashtra government had contended that the high court’s order seeking an FIR against police officers was premature.

MUMBAI: The Supreme Court on Wednesday dismissed a petition filed by the Maharashtra government challenging a Bombay High Court order directing the police to register a First Information Report (FIR) in the custodial death of 35-year-old Dalit law student Somnath Suryawanshi in Parbhani.

Parbhani, India. 16, 2024: A 35-year-old man named Somnath Suryawanshi died in Parbhani district jail on December 15, 2024. Suryawanshi was detained alongside 50 other Dalit youths for their alleged involvement in the violence that broke out in the city following the desecration of a replica of the Constitution on December 10, 2024. Parbhani, India. Dec 16, 2024. (Photo by HT Photo) (Hindustan Times)

While it is still unclear why the Supreme Court dismissed the petition, this would come as a blow to the state government, which had contended that the high court’s order seeking an FIR against police officers was premature.

Suryawanshi was among over 50 people arrested in Parbhani in December 2024 following violence in the city over the desecration of a replica of the Constitution. The arrested accused, mostly from marginalised communities, were slapped with stringent charges and allegedly assaulted, abused and threatened in police custody, prompting at least 23 separate complaints.

On December 15, four days after his arrest, Suryawanshi died in judicial custody. While the police initially claimed he died due to a heart attack, a post-mortem report and judicial inquiry revealed that the probable cause of death was “shock following multiple injuries”.

Suryawanshi’s mother, Vijayabai Suryawanshi, approached the Aurangabad bench of the Bombay High Court in April, alleging that police brutality had caused her son’s death. She sought an independent, court-monitored probe into the incident.

Her petition, filed through advocates Prakash Ambedkar, Sandesh More and Hitendra Gandhi, sought the registration of an FIR against police officers and their associates responsible for Suryawanshi’s custodial death. The petition referred to the chain of events, claiming that the assault on Somnath was so brutal that he died within hours of being admitted to a state-run hospital in Parbhani after being sent to judicial custody.

On July 4, the high court ordered the registration of an FIR against the police officers concerned, noting that there was prima facie evidence of custodial torture and a violation of fundamental rights. The court also ordered that the investigation be handed over to a police officer of the rank of deputy superintendent of police.

However, the state government moved the Supreme Court on July 10, challenging the order on several grounds. The government argued that the high court had failed to take cognisance of the detailed investigation undertaken by the state Crime Investigation Department (CID). Further, it alleged that the high court did not wait for the outcome of the investigation or grant an opportunity to the state to place its comprehensive findings on record, including medical and forensic evidence.

The state government’s petition also alleged factual and procedural errors in the judicial inquiry report, including the inclusion of names of police personnel who were not present during the incident. It also cited an expert opinion from Mumbai’s JJ Hospital, which concluded that Suryawanshi died due to natural causes exacerbated by a pre-existing condition.

Calling the order “premature and unsustainable”, the state remarked that the high court’s approach was based on a “presumption of guilt against the police authorities,” which could demoralise law enforcement institutions.

However, the apex court rejected the petition and upheld the high court’s order, requiring criminal action against the erring police personnel.