State challenges HC order in custodial loss of life case of 35-year-old Somnath Suryawanshi | File Photograph
Mumbai: The Maharashtra authorities has moved the Supreme Court docket difficult an order of the Aurangabad bench of the Bombay Excessive Court docket that directed the registration of an FIR towards police personnel in reference to the alleged custodial loss of life of 35-year-old Somnath Suryawanshi, contending that the order was premised on a “presumption of guilt towards the police authorities”.
Suryawanshi Died in Judicial Custody Amid Protests
Suryawanshi died on December 15, 2024, whereas in judicial custody at a authorities hospital in Parbhani, after being arrested throughout violent protests that erupted in violation of curfew orders.
The Excessive Court docket, on July 4, ordered the Police Inspector of New Mondha Police Station to register an FIR and hand over the investigation to a Deputy Superintendent of Police, counting on a judicial inquiry report.
State CID Already Probing With 180+ Witnesses Examined
In its Particular Depart Petition (SLP), the state has contended that the HC acted prematurely, bypassing an in depth and ongoing investigation being carried out by the State CID, which had already recorded over 180 witness statements and examined related medical and forensic materials. The state submitted that it was denied a possibility to position this complete document earlier than the Excessive Court docket.
Judicial Report Names Absent Officers, Says State
The state additional alleged critical factual and procedural lapses within the judicial inquiry report, together with the inclusion of names of police personnel who weren’t current throughout the incident — a few of whom had been on sanctioned go away, deployed in courtroom, or medically unfit. “One of many officers named within the report was on maternity go away,” the petition famous.
Medical Skilled Opinion Attributes Loss of life to Pure Causes
Crucially, the federal government mentioned the report ignored key medical and forensic proof. Though the preliminary autopsy referred to “shock following a number of accidents,” a subsequent professional opinion by JJ Hospital in Mumbai concluded that the loss of life was as a consequence of pure causes — particularly coronary artery illness with acute coronary syndrome — aggravated by Suryawanshi’s pre-existing situation of Power Obstructive Pulmonary Illness (COPD). The deceased, it added, had knowledgeable medical officers about his well being situation on the time of arrest.
“The strategy of the Hon’ble Excessive Court docket, with due respect, seems to be premised on a presumption of guilt towards the police authorities,” the state’s petition mentioned. “Such instructions… demoralise the very establishments that work to uphold regulation and order.”
No Allegations of Police Mistreatment Throughout Custody
The state additionally identified that Suryawanshi had made no allegations of mistreatment throughout his appearances earlier than the Justice of the Peace or in medical examinations, and that an Unintentional Loss of life Report (ADR) had been promptly registered by the authorities.
HC Cited Modified Precedent in Badlapur Case: Govt
The HC had relied on the judgement within the case of Anna Maruti Shinde by which it directed registration of FIR towards policemen allegedly chargeable for the loss of life of accsued within the Badlapur sexual assault case, the place two minor women had been assaulted in a neighborhood faculty.
Supreme Court docket Listening to Set for July 30
The State’s attraction claims that the reliance on this judgment is misplaced since that ruling was subsequently modified by the Supreme Court docket, which clarified that no second FIR was vital in such instances. The apex courtroom is predicted to listen to the matter on July 30.
