HC interim order reserved in Somnath Suryawanshi's death case

Chhatrapati Sambhajinagar: The Aurangabad bench of the Bombay High Court comprising Justice Vibha Kankanwadi and Justice Sanjay Deshmukh on Monday reserved the interim orders on the preliminary issues in the judicial custody death of Somnath Suryawanshi, who was arrested by the police when the riots that broke out after the copy of the Constitution was destroyed in Parbhani.

“Under what rule did the Superintendent of Police take the decision to have a second opinion on Somnath's autopsy report? Under what rule did he transfer the investigation to the CID? Also, why should the police report be accepted? the bench asked the Government these three questions.

Adv Prakash Ambedkar appeared on behalf of Somnath's mother Vijaya Suryavanshi, while Chief Public Prosecutor Amarjitsingh Girase appeared on behalf of the government.

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Court requested to make rules

Adv Ambedkar pointed out to the bench that if someone dies in judicial custody, there is a provision under Section 196 of the Bharatiya Nyaya Sanhita (BNS) for probe through the Judicial Magistrate First Class (JMFC). However, there is no direction in the Act regarding the next steps to be taken thereafter. The State Government has also not given any explanation in this regard.

“Since a person is in the custody of the court and dies in judicial custody, therefore, the court should provide justice. The court should consider and make regulations under Article 227 of the Constitution until the Assembly makes provisions regarding how to proceed further on the report submitted by the JMFC,” he requested to the court.

Adv Ambedkar also requested the court to cancel the appointment of the CID officer made by the State Government. “Since the deceased was in the custody of the court, the court should also constitute the SIT, he argued.

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Government's response

On behalf of the Government, Chief Public Prosecutor Amarjit Singh Girase brought to the court's attention that the investigation of the case was handed over to the CID. “Notices were issued to 190 people and their statements were recorded. However, the bench had earlier ordered on April 29 that the investigation report of the investigating officers in the Somnath death case should not be finalised until the next hearing. Therefore, it submitted that no final decision has been taken on the investigation report,” he informed the court.