Former Gujarat DGP Cleared in Custodial Torture Case After Five Decades
In a landmark ruling, the Gujarat High Court has acquitted former Director General of Police (DGP) S S Khandvawala from a custodial torture case that spanned an astonishing 50 years. The case, which began in 1976, saw Khandvawala convicted in 2003, but he continued to serve in the police force, eventually rising to the top position in 2009 before retiring in 2010 after a three-month extension.
Origins of the Case and Initial Proceedings
The legal saga traces back to October 1976, when police arrested Merag Haja from Sutrej village in Junagadh district following the murder of Porbandar municipal president Dhanji Kotiyawala. In November 1976, Haja filed a criminal complaint with a judicial magistrate first class (JMFC), alleging kidnapping, illegal detention at Porbandar police station, and custodial torture that resulted in a leg fracture.
After a magisterial inquiry that was halted once, the JMFC took cognisance of the case, and a trial commenced in 1982. The accused included Khandvawala, a 1973-batch IPS officer who was then an Assistant Superintendent of Police in Junagadh district, along with three of his subordinates.
Conviction and Subsequent Appeals
Twenty-one years later, in 2003, a Junagadh sessions court convicted Khandvawala to five years of imprisonment, while two other officers received one-year jail terms. One officer had passed away by then, leading to the abatement of his trial. The convictions were challenged in the High Court by Khandvawala and his two subordinates through advocate Nandish Thackar.
Simultaneously, the state government filed an appeal seeking enhancement of their punishment. Complainant Merag Haja also filed a revision application to increase the punishment, but it was disposed of in light of the state's appeal. During the pendency of these appeals, Khandvawala's two other subordinates also died.
High Court's Acquittal and Rationale
After hearing the appeals, Justice Gita Gopi of the Gujarat High Court acquitted the former DGP and dismissed the state government's appeal for increased punishment. The court stated, "The prosecution failed to prove the case of police custodial torture of the complainant. The injuries are not proved as due to police custody beating. Even the date of custody is not proved."
The High Court further elaborated, "The complainant failed to invoke his right to make a complaint of injuries by police as an accused when he was arrested and produced before the magistrate in a case under the Arms Act." It criticized the trial court, noting, "The learned trial court judge failed to analyse the evidence as per the sections of the Arms Act, Criminal Manual and CrPC in the matter. The judgment, thus, becomes erroneous and fails on merits and is required to be set aside. Since there is no case for conviction, there would be no ground for the plea of enhancement of the sentence."
Additional Ruling and Implications
In a significant addendum, the High Court permitted Khandvawala to recover Rs 10,000 from Merag Haja for dragging him to the higher court through the revision application. This decision underscores the court's view on the lack of merit in the complainant's claims.
This case highlights the prolonged legal battles that can ensue in custodial torture allegations, with Khandvawala's career trajectory—including promotions and retirement—unfolding amidst the ongoing proceedings. The acquittal after half a century marks a pivotal moment in Gujarat's judicial history, emphasizing the importance of evidentiary standards in such sensitive cases.
