“Police Must Be Held Accountable”
The Bombay Excessive Courtroom has ordered police to register an FIR within the custodial demise case of Dalit regulation scholar Somnath Suryawanshi. His mom alleged unlawful arrest, torture, and a cover-up by the police.
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MUMBAI: The Bombay Excessive Courtroom ordered the police to instantly file a First Data Report (FIR) concerning the demise of 35-year-old Dalit regulation scholar Somnath Suryawanshi, who died in police custody.
The court docket stated that the police had failed of their obligation by not submitting an FIR even after a grievance was submitted by his mom.
Somnath was arrested in November 2024 throughout protests in opposition to the vandalism of a duplicate of the Indian Structure positioned close to a statue of Dr. BR Ambedkar. The protest occurred after an indication on November 10, 2024, in Parbhani, Maharashtra, organised by the Hindu Sakal Samaj Morcha, which was reacting to alleged assaults on Hindus in Bangladesh.
Through the protest, somebody allegedly vandalised the Structure duplicate. This led to a different protest the subsequent day, which turned violent. In response, the police raided properties and detained a number of individuals, together with Somnath.
His mom strongly denied any wrongdoing by her son and stated he was solely a part of a peaceable protest. She claimed that he was illegally arrested, and after that, he was overwhelmed severely whereas in custody. On December 15, 2024, Somnath died in jail. The postmortem report stated that the reason for demise was shock on account of a number of accidents.
The police, nevertheless, stated that Somnath had complained of chest ache and restlessness, and he died of a coronary heart assault. However his mom rejected this clarification and stated the reality was being hidden.
She approached the Bombay Excessive Courtroom as a result of no felony case had been registered even after her repeated complaints. She additionally requested the Courtroom to difficulty tips on how authorities ought to act after a Justice of the Peace finishes an inquiry right into a custodial demise.
The Excessive Courtroom Bench, made up of Justice Vibha V Kankanwadi and Justice Sanjay A Deshmukh, clearly stated that the police ought to have filed an FIR on this case.
“We’re constrained to direct respondent No.1 and Police Inspector Mondha Police Station, Parbhani to register the FIR on the idea of the grievance software dated 18.12.2024 given by the petitioner (the deceased man’s mom). Such FIR be registered inside a interval of 1 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 Courtroom ordered.
The Courtroom stated that the police had a clear obligation to behave when there’s a custodial demise, particularly below the Lalita Kumari tips, which make it obligatory for police to register an FIR if a cognizable offence is discovered.
His mom made some very critical accusations. She stated that cops had tried to stress her to carry out her son’s final rites quietly, away from Parbhani.
She additionally alleged that they supplied her Rs 50 lakh to stay silent in regards to the case and never file any grievance.
She claimed that the State was attempting to guard the responsible officers.
In her petition, she additionally requested the Courtroom to:
- Order felony motion in opposition to the cops accountable,
- Take motion for outraging the modesty of ladies in custody,
- Droop the officers concerned,
- And difficulty correct tips for dealing with custodial demise circumstances after a judicial inquiry.
The Excessive Courtroom famous that on a prima facie (at first look) foundation, there’s sufficient data to imagine against the law could have been dedicated. Subsequently, the police should file an FIR.
Nonetheless, the Courtroom stated that different requests made within the petition—similar to framing long-term tips for dealing with custodial deaths—can be thought-about later. The following listening to within the case will happen on July 30, 2025.
Advocate Prakash Ambedkar and Advocate MB Sandanshiv appeared for the petitioner, Somnath’s mom, Vijayabai Vyankat Suryawanshi.
Public Prosecutor AB Girase represented the State.
CASE TITLE:
Vijayabai Vyankat Suryawanshi v State & Ors
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