Gujarat HC acquits former DGP in 1976 custodial torture case

The court held that the sessions court’s judgment was “erroneous and failed in merits” and the prosecution failed to prove charges of illegal confinement, custodial assault beyond reasonable doubt

The Gujarat High Court has acquitted former Gujarat director general of police (DGP) S S Khandvawala in a custodial torture case dating back to 1976, setting aside a conviction recorded by a Junagadh court more than two decades ago.

The case arose from a private complaint filed by Merag Haja who alleged that he was picked up by police on Oct 7, 1976. (Representative file photo)

In a judgment delivered on February 24, Justice Gita Gopi allowed Khandvawala’s appeal against his 2003 conviction and dismissed the state government’s plea seeking enhancement of sentence. The court held that the sessions court’s judgment was “erroneous and failed in merits”. The prosecution failed to prove charges of illegal confinement and custodial assault beyond reasonable doubt.

The case arose from a private complaint filed by Merag Haja, a resident of Sutrej village in Junagadh district, who alleged that he was picked up by police on October 7, 1976, during searches for unauthorised weapons and taken to Porbandar police station. His arrest followed the murder of Porbandar municipal president Dhanji Kotiyawala. Haja claimed that he was assaulted in custody the next morning to force him to confess possession of an illegal firearm and that he suffered a fracture of his left leg. Haji was hospitalised and released on bail on October 14, 1976.

In November 1976, Haja filed a criminal complaint with judicial magistrate first class (JMFC) alleging kidnapping, illegal detention at Porbandar police station, and custodial torture that resulted in a fracture in his leg. Following a magisterial inquiry, which was also halted once, the JMFC took cognisance of the case and a trial began in 1982 against the 1973-batch IPS officer Khandvawala, who was an ASP in Junagadh district, and his three subordinates.

In September 2003, the additional sessions judge of a court in Junagadh, convicted Khandvawala, then a deputy superintendent of police and sentenced him to five years’ rigorous imprisonment, with fines. The sentence was suspended after he filed an appeal before the High Court.

After examining the record, the High Court found serious gaps in the prosecution case.

“The prosecution had failed to prove the case of police custodial torture of the complainant. The injuries are not proved as of police custody beating. Even the date of custody is not proved. The complainant had failed to invoke his right to make complaint of injuries by police as an accused when was arrested and produced before the Magistrate in case under the Arms Act. The learned Trial Court Judge has failed to analyse the evidence as per the sections of the Arms Act, Criminal Manual and Cr.P.C. in the matter. The judgment, thus, becomes erroneous and fails in merits and is required to be set aside,” the court said in its ruling.

On these findings, the High Court quashed the conviction and sentence and acquitted Khandvawala of all charges. Other accused police officers named in the case died during the pendency of proceedings and the case stood abated against them.

Khandwawala served as Gujarat’s Director General of Police from February 2009 to December 2010. He remained convicted in the case for 23 years, but since the conviction was suspended, he was promoted to the top position in the state police department in 2009 and retired a year after following a three-month extension in service.