In a significant intervention, the Aurangabad Bench of the Bombay High Court on April 29, 2025, expressed grave concern over the ongoing police inquiry into the custodial death of Somnath Vyankat Suryawanshi in Maharashtra’s Parbhani district, and restrained the police from proceeding further with the investigation until the next hearing scheduled for May 8. The Division Bench comprising Justices Vibha Kankanwadi and Sanjay A. Deshmukh observed that the inquiry appeared to be carried out with a “preconceived notion,” thereby undermining its fairness and impartiality. The court stressed the urgent need to safeguard the integrity of the investigation.
Somnath Suryawanshi, a 35-year-old aspirant who had travelled from Pune to Parbhani to appear for a law entrance examination, was among the 50 individuals detained by the Parbhani police on December 11 and 12, 2024, in connection with the violence that erupted after the desecration of a replica of the Constitution on December 10. Suryawanshi was allegedly picked up by the police on December 11. He died four days later, on December 15, while in judicial custody. According to police accounts, he collapsed due to shock from multiple injuries and was taken to a government hospital after complaining of chest pain inside the Parbhani district central prison.
However, a magisterial inquiry concluded on March 20, 2025, had clearly held the police responsible for Suryawanshi’s custodial death. In response, the Maharashtra State Human Rights Commission had issued notices to top state officials, including the Chief Secretary, Additional Chief Secretary (Home), Additional Director General of Police (CID – Crime), and the Deputy Superintendent of Police of Parbhani, seeking comprehensive reports.
Representing the petitioner Vijayabai Vyankat Suryawanshi, the deceased’s mother, advocate Prakash Ambedkar, assisted by advocates Sandesh More and Hitendra Gandhi, strongly argued for immediate registration of an FIR against the police officers allegedly responsible. The petitioner further demanded the constitution of a court-monitored Special Investigation Team (SIT) to ensure an independent and impartial probe into the custodial death. Advocate Gandhi questioned the credibility of a police-led inquiry in a case where the police are themselves accused, asserting that continuing the current investigation would only further erode public trust in the system.
Drawing parallels with the precedent set in the 2023 Badlapur custodial death case, where the Bombay High Court had ordered an SIT to probe the custodial killing of Akshay Shinde—an accused in a sexual assault case allegedly killed in a staged encounter—advocate Gandhi urged the court to issue similar directions in Suryawanshi’s case. In the Badlapur matter, Justices Revati Mohite Dere and Neela Gokhale had ordered an SIT led by Joint Commissioner of Police (Crime), Mumbai, Lakhmi Gautam, and allowed him to form his own team, led by a Deputy Commissioner of Police, with officers from any department of his choosing.
During Tuesday’s proceedings, public prosecutor A.B. Girase, representing the Maharashtra government, informed the court that the state intends to file an affidavit in response to the concerns raised.
The court’s restraint order, along with its strong observations, underscores a growing judicial intolerance toward the mishandling of custodial death investigations. It also signals a potential shift towards stricter judicial oversight in such cases. If the court accedes to the petitioner’s demand for an SIT and guidelines for handling custodial deaths, the outcome of this case could have far-reaching consequences for accountability mechanisms in police custody cases across the state.
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