Somnath Suryawanshi case: Maha issues guidelines for probing custodial deaths

The guidelines prohibit investigating officers from closing custodial death cases without considering the conclusions drawn by executive magistrates.

MUMBAI: The Maharashtra home department has informed the Aurangabad bench of the Bombay High Court that it has issued fresh guidelines for investigating custodial deaths. The guidelines prohibit investigating officers from closing custodial death cases without considering the conclusions drawn by executive magistrates.

Mumbai, India - Aug. 28, 2015 : Bombay High Court : ( Photo by Bhushan Koyande )

The home department’s affidavit, submitted to the high court on October 3, states that it issued a circular with the new guidelines on September 30. The circular states that the state’s CID officers, who usually probe custodial deaths, shall not close cases without taking into consideration the conclusions drawn by executive magistrates in their reports under section 194(1) of the Bharatiya Nagrik Suraksha Sanhita (BNSS).

This particular provision of the BNSS mandates the police officer in charge to immediately inform the nearest executive magistrate upon receiving information about a custodial death, to ascertain the cause of death and investigate any foul play.

The circular was filed following an order passed by a division bench of justices Vibha Kankanwadi and Hiten S Venegavkar on September 12 in connection with the custodial death of law student Somnath Suryawanshi, who was arrested in Parbhani in December 2024 following violence in the city over the desecration of a replica of the Constitution.

The high court’s directions came while hearing a petition filed by Somnath’s mother, Vijayabai Suryawanshi. The petition, filed in April through advocates Prakash Ambedkar, Sandesh More and Hitendra Gandhi, alleged that police brutality had led to her son’s death. It sought an independent, court-monitored probe into the incident, along with the registration of a first information report (FIR) against police officers and their associates responsible for Somnath’s custodial death, grievous injuries to other victims and outraging the modesty of women in police custody.

“The assault on Somnath Suryavanshi was so brutal that he died within hours of being admitted to the state-run hospital in Parbhani after being sent to judicial custody,” the petition said. Suryavanshi’s postmortem report, too, said his death was caused primarily from “shock due to multiple injuries”, it added.

The high court had earlier observed that prima facie evidence in the case indicated Suryavanshi had been tortured in custody. It had directed the Mondha police station in Parbhani to register the FIR on the basis of the complaint filed by Vijayabai. In her plea, Vijayabai also alleged that a police officer named Ashok Ghorband offered her ₹50 lakh in exchange for not filing a police complaint.

The Parbhani incident

On December 10, 2024, a glass-encased replica of the Constitution kept near a statue of Dr Babasaheb Ambedkar outside the Parbhani railway station was vandalised following a public meeting organised by Hindu Sakal Samaj Morcha, a far-right group. The incident led to a spate of reactionary protests and strikes, and prompted the imposition of prohibitory orders.

The police arrested over 50 people in connection with the violence, including Somnath Suryavanshi, who was visiting Parbhani to appear for a law examination. The arrested accused, mostly from marginalised social groups, were slapped with stringent charges and allegedly assaulted, abused and threatened in police custody, prompting at least 23 separate complaints.