Family raises alarm over prosecutor change in 2019 Gujarat custodial death case

Nearly seven years after a Telangana migrant allegedly died in custody of Fatehgunj police station in Vadodara city and with the trial now at an advanced stage following directions from the Supreme Court and the Gujarat High Court, the state government has once again changed the Special Public Prosecutor (SPP) in the controversial case.

In a Home Department resolution dated June 2, 2026, the state replaced Special P P Advocate SI Ghariya with Vadodara-based advocate Atul Vyas. The resolution, issued under Section 18(8) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, discontinued Ghariya’s appointment “with immediate effect” after “careful consideration”, without assigning any reason.

The appointment order fixes Vyas’s remuneration at Rs 20,000 per effective hearing and Rs 2,000 for non-effective dates before subordinate and sessions courts.

The change comes in a case that has witnessed repeated friction between the victim’s family and the state over prosecution since the beginning of the trial.

With over 60 witnesses already examined, including the complainant of the original FIR of the alleged theft for which Nisar was allegedly picked up as a suspect, the family of the victim questioned the decision to replace the SPP and that they will appeal against the decision.

Salim, son of Nisar, who had moved a habeas corpus plea in the Gujarat HC, leading to the July 2020 FIR, told this newspaper, “Just because he was a poor vendor, our fight for justice has become much more difficult. We are up against influential policemen as accused… In such a situation, if the state government keeps on changing the Special PP, how can we expect justice… The trial was proceeding very efficiently so far. But without any specific reason, the state has replaced the prosecutor at such a crucial stage. It has dimmed our hope but we will appeal against his decision of the state government.”

2019 ‘custodial death’, son’s habeas corpus & chargesheet against 8 cops

Shaikh Babu Nisar, a 65-year-old daily wage worker from Telangana, was allegedly picked up by personnel of Fatehgunj police station on December 10, 2019, on suspicion of theft. He never returned home. The case acquired statewide attention after Nisar’s son, Salim, approached the Gujarat High Court through a habeas corpus petition. Acting on court directions, an FIR was registered in July 2020 alleging murder and disappearance of evidence.

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According to the FIR, based substantially on the statement of an assistant head constable who witnessed the interrogation, Nisar was allegedly tied to a chair in the police station’s computer room using a belt and rope. The witness alleged that officers inserted a pen between Nisar’s fingers during interrogation until he bled and that “his voice faded away”, after which he no longer appeared to be alive.

The Gujarat CID, which took over the investigation in August 2020 on High Court directions, later traced the mobile locations of the accused officers to a canal near Vadodara’s Gorwa area. Investigators suspected that Nisar’s body may have been dumped there after his alleged custodial death. The agency even requested the Sardar Sarovar Narmada Nigam Limited (SSNNL) to drain the canal to facilitate a search operation by the fire department.

In November 2020, the CID filed a 900-page chargesheet naming eight police personnel, including then Fatehgunj police inspector D B Gohil, sub-inspector DM Rabari, four Lok Rakshak Dal jawans, former sub-inspector Dilipsinh Rathod and assistant head constable Mahesh Rathwa. Six of the accused continue to remain in judicial custody.

In February 2023, Salim wrote to the state Law Minister, the Prime Minister, the President of India and several other authorities seeking removal of then-Special P P Ravi Shukla. The family alleged that Shukla, being a local prosecutor familiar with police personnel, could not ensure a fair trial. They simultaneously sought the reappointment of Ghariya, who was first appointed in the case in May 2021 but was abruptly removed in December that year without explanation.

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According to Salim, six prosecution panch witnesses had turned hostile in the early phase of the proceedings before Ghariya was reappointed.

In July 2024, Ghariya had successfully opposed a temporary bail application filed by key accused D B Gohil, arguing that the former police inspector could testify before a court in Jamnagar through video conferencing rather than being released from jail. The court accepted the argument, noting that Gohil had already spent 122 days outside prison across 16 bail granted since his arrest in 2020.

The accused policemen have repeatedly sought temporary bail on various grounds over the years, often drawing judicial scrutiny. In August 2024 alone, the Vadodara Sessions Court rejected temporary bail pleas of five accused police personnel, including Gohil and Rabari, who sought release to appear in competitive examinations and certificate courses. Rejecting the applications, the court observed that the accused appeared to have a “tendency… of remaining out of jail under one or the other reason” and noted that records did not indicate them to be “exceptionally bright students”, given their repeated appearances and limited success in examinations. Ghariya had opposed the bail pleas, citing CID reports alleging that the applications were aimed at securing time outside prison. The courts repeatedly held that such requests could not be equated with the constitutional right to education, particularly in light of the accused’s history of filing multiple bail applications.