Custodial Death of Dalit Law Student Somnath Suryawanshi: FIR registered after Supreme Court upholds Bombay HC directive

Eight months after the Dalit law student’s alleged custodial murder in Parbhani, Maharashtra Police books unidentified officers under BNS Section 103(1) following Supreme Court’s rejection of state’s appeal and pressure from public outrage and legal advocacy

Nearly eight months after the custodial death of 35-year-old Dalit law student Somnath Suryawanshi, the Maharashtra Police has finally registered an FIR under Section 103(1) of the Bharatiya Nyaya Sanhita (punishment for murder) against unidentified police personnel from New Mondha Police Station in Parbhani. As per the report of Times of India, the FIR was registered late on Friday, August 1, 2025, at the Mondha Police Station, following the Supreme Court’s July 30 decision upholding the Bombay High Court’s earlier directive to file a criminal case in connection with the alleged custodial murder.

Somnath Suryawanshi was arrested in December 2024 for allegedly participating in protests and riots that erupted in Parbhani district on December 11, following the desecration of a replica of the Indian Constitution. A resident of Pune and a student at a law college in Parbhani, Somnath was taken into custody and, after a brief remand, shifted to judicial custody. He died on December 15, allegedly as a result of injuries sustained from police torture during his time in lock-up.

Mother’s plea ignored for months

His mother, 60-year-old Vijayabai Venkat Suryawanshi, has been waging a determined legal battle since December 18, 2024, when she filed a formal complaint demanding registration of an FIR against the officers responsible for her son’s death. In her statement, Vijayabai recalled receiving a phone call informing her that Somnath had died of a “heart attack.” But what followed only deepened her suspicion.

While she was en-route to Parbhani, officials told her the body had already been shifted to the Aurangabad Government Medical College and Hospital (GMCH). On the way, she was intercepted by the Parbhani police and taken to the SP’s office, where she alleges a senior officer told her: “We didn’t kill your son. He died of a heart attack. We can help you. If you take the body, we’ll offer police training to one of your sons.” 

She refused the offer and proceeded to Aurangabad, where a post-mortem was conducted. Social activists at the hospital informed her that the autopsy indicated multiple injuries consistent with custodial torture — contradicting the state’s version of a natural death due to illness.

Bombay HC recognises prima facie brutality

On July 4, 2025, the Aurangabad Bench of the Bombay High Court, acknowledging “prima facie material indicating custodial brutality and violation of constitutional rights”, directed the police to register an FIR within a week. However, the Mahayuti-led Maharashtra government under Chief Minister Devendra Fadnavis failed to comply. Instead, the state challenged the order before the Supreme Court. The apex court, however, upheld the High Court’s directive on July 30, observing that the FIR was not optional but necessary for enabling an impartial criminal investigation.

As per the report of The Statesman, the Supreme Court Bench, comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh, clarified that registration of an FIR should not be interpreted as assigning guilt but as initiating a fair investigation under the law.

 

 

Detailed report may be read here and here.

Allegations of torture and postmortem findings

In her FIR, Vijayabai has alleged that Somnath was subjected to three days of continuous custodial torture at the New Mondha police station. Activists have also corroborated her account, noting that the post-mortem report documented fractured bones and internal injuries, directly contradicting earlier government statements that claimed he had pre-existing respiratory issues and died of chest pain.

This claim was echoed by Chief Minister Fadnavis in the legislative assembly shortly after the new Mahayuti government was sworn in. He maintained that Somnath had a “serious respiratory illness” and had died of “natural causes.” However, these claims were debunked when the post-mortem revealed evidence of blunt force trauma, broken shoulder bones, and signs of sustained physical assault.

Detailed report may be read here and here.

Prakash Ambedkar’s legal intervention and political fallout

The case received a significant boost when Prakash Ambedkar, chief of the Vanchit Bahujan Aghadi (VBA) and grandson of Dr. B.R. Ambedkar, took up the cause and personally argued the matter before the courts. “Somnath shed his blood for the Constitution of this country. He was murdered for standing up for its values,” Ambedkar said in a press briefing after the SC order.

He added that the FIR will pave the way for a broader investigation into custodial violence in Maharashtra. “This case may become a benchmark for custodial death investigations. We are now demanding that the JJ Hospital doctors who issued secondary medical opinions without court orders also be made accused. The role of doctors must not be overlooked in shielding police impunity,” he said.

Ambedkar also questioned the legality of the “combing operation” carried out in Parbhani after the desecration incident, during which multiple Dalit homes were raided, and arrests made without due process. “All officers who were part of that illegal operation must be investigated,” he added.

 

What lies ahead?

With the FIR now registered under Section 103(1) of the Bharatiya Nyaya Sanhita, which replaced IPC Section 302 (murder), attention is shifting toward the constitution of a Special Investigation Team (SIT) or a Judicial Commission. Activists and lawyers have demanded that the probe be conducted independently of the Maharashtra police to avoid conflict of interest, given that police officials are the primary accused.

The delay in FIR registration — despite the HC’s clear order and the absence of any stay by the Supreme Court — has also raised questions about contempt of court and executive resistance to judicial directives, showing that the Parbhani police’s inaction between July 4 and August 1 could expose them to proceedings for wilful non-compliance.

Related:

Bombay High Court orders FIR in Somnath Suryawanshi custodial death case, slams police for delay and bias

Biased and Preconceived: Bombay HC criticises police inquiry into Parbhani custodial death of Somnath Suryawanshi

Magistrate probe indicts Parbhani police in Somnath Suryawanshi custodial death: MSHRC

State-sanctioned brutality? Dalit communities targeted in Parbhani “combing operations”, women, children abused

Judicial Setback: Supreme Court dilutes Bombay HC’s bold stand on police accountability in custodial killing in Badlapur case

 

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