Bombay High Court orders FIR after custodial death of Dalit law student

The Bombay High Court recently ordered the registration of a first information report (FIR) into a case concerning the custodial death of 35-year-old Dalit law student, Somnath Suryawanshi [Vijayabai Vyankat Suryawanshi v State & Ors]..Somnath Suryawanshi was among those arrested in November 2024 amid protests against the vandalisation of a replica of the Constitution of India. His mother claimed that her son was illegally arrested and subjected to police brutality in jail, leading to his death on December 15, 2024. The police, on the other hand, claimed that Suryawanshi had complained of chest pain and restlessness after his arrest, and that he had died of a heart attack. Suryawanshi's mother eventually moved the High Court in the matter, aggrieved by the failure of State authorities to register a criminal case on her son's untimely death. She also sought guidelines on what the authorities are expected to do after a judicial magistrate completes an inquiry into cases involving custodial deaths..On July 4, a Bench of Justice Vibha V Kankanwadi and Justice Sanjay A Deshmukh observed that the police ought to have filed an FIR in this case. Since this was not done, the Court passed an interim order directing the registration of a criminal case within a week's time. "We are constrained to direct respondent No.1 and Police Inspector Mondha Police Station, Parbhani to register the FIR on the basis of the complaint application dated 18.12.2024 given by the petitioner (the deceased man's mother). Such FIR be registered within a period of one week and Superintendent of Police, Parbhani is directed to handover the investigation to a police officer of the rank of Deputy Superintendent of Police," the Court directed..By way of background, on November 10, 2024, the Hindu Sakal Samaj Morcha organised a demonstration in Parbhani, Maharashtra, against reports of atrocities being carried out against Hindus in Bangladesh.During these protests, a man allegedly vandalised a replica of the Constitution of India that was placed near a Dr. BR Ambedkar statue. The vandalism led to more protests on November 11, 2024.The protests allegedly turned violent, after which police conducted house raids and detained many, including Somnath Suryawanshi. His mother has claimed that her son was wrongly arrested and that he was only part of peaceful protests against the desecration of the Constitution. Somnath and others arrested were severely beaten after their arrest, his mother claimed. Somnath died in judicial custody on December 15, 2024, with the postmortem stating the cause of death as being shock due to multiple injuries..Consequently, Somnath's mother moved the High Court seeking directions to lodge an FIR against police officers responsible for her son's death in jail.She also sought action against the cops for outraging the modesty of women in custody, the suspension of erring officers, and guidelines on the procedure after a magistrate finishes an inquiry into a custodial death..Somnath's mother claimed she was pressured by police to perform the last rites quietly, away from Parbhani. She added that she was even offered ₹50 lakhs to not rake up the case against the police. She, therefore, urged the High Court to intervene. She claimed that the State was trying to cover up for cops who were responsible for her son's death. .The Court observed that, prima facie, a cognizable offence was disclosed in this case and that the police were, therefore, duty-bound to register an FIR under the Lalita Kumari guidelines.It, therefore, ordered the registration of an FIR in the matter. It added that the remaining issues raised in the petition, including the framing of guidelines in custodial death inquiries, remain pending for now. The matter will be heard next on July 30. .Advocates Prakash Ambedkar and MB Sandanshiv appeared for the petitioner, Vijayabai Vyankat Suryawanshi. Public Prosecutor AB Girase appeared for the State. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.