Bombay High Court Orders FIR After Custodial Death of Law Student

Bombay High Court Orders FIR After Custodial Death of Law Student

Bombay High Court Orders FIR After Custodial Death of Dalit Law Student

The Bombay High Court has ordered police in Parbhani, Maharashtra, to register an FIR into the custodial death of 35-year-old law student, Somnath Suryawanshi. This comes after months of delay and controversy surrounding the circumstances of his arrest and death, which followed protests against the desecration of a replica of the Indian Constitution.

🧾 Background: A Protest, a Death, and a Mother’s Fight

In November 2024, public anger erupted in Parbhani after a replica Constitution placed near a statue of Dr. BR Ambedkar was allegedly vandalized during a demonstration organized by the Hindu Sakal Samaj Morcha.

Somnath joined follow-up protests on November 11, which allegedly turned violent. He was arrested during house raids conducted by local police. According to his mother, Somnath was peaceful, and what followed was a nightmare of custodial brutality.

  • 📆 Date of death: December 15, 2024
  • 📄 Cause (as per postmortem): Shock due to multiple injuries
  • 🚨 Police version: Death due to heart attack after complaint of chest pain

His mother, Vijayabai Vyankat Suryawanshi, filed a petition alleging that her son was tortured in custody and that authorities had refused to register a criminal complaint. She also claimed attempts were made to suppress the case, including an offer of ₹50 lakhs to stay silent.

🔍 What the Court Said

On July 4, a bench of Justice Vibha V Kankanwadi and Justice Sanjay A Deshmukh passed an interim order stating:

“Police should have registered an FIR, given the clear disclosure of a cognizable offence.”

The Court invoked the Lalita Kumari guidelines, which require immediate FIR registration when such offences are evident.

📝 Directions Given:

  • The Mondha Police Station must file the FIR based on the mother’s complaint dated December 18, 2024
  • Investigation is to be transferred to a Deputy Superintendent of Police
  • Further hearing on remaining issues—including custodial death procedures—is scheduled for July 30

👥 Legal Representation

  • 👩‍⚖️ For Petitioner: Advocates Prakash Ambedkar and MB Sandanshiv
  • 👨‍⚖️ For State: Public Prosecutor AB Girase

💬 Vakilify Insight

This case reminds us that custodial deaths are not just statistics—they’re stories of families fighting for truth in the face of silence. The Bombay High Court’s order is more than procedural—it’s a message that accountability is non-negotiable. What happens on July 30 could shape guidelines for similar cases across the country.

🔗 Related Reading

📚 Custodial Death Protocols Under Judicial Scrutiny
Magistrates in Andhra Pradesh were recently warned to follow Supreme Court guidelines before remand in cases involving social media posts.

👉 Read: AP High Court’s Directive on Social Media Remand

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