Gujarat custodial death case: Telangana family seeks reappointment of special prosecutor

4 min readVadodaraJun 19, 2026 04:34 PM IST

The case relates to the alleged custodial death of Shaikh Babu Nisar, 65, a daily wage worker from Telangana. (AI-generated Image)

In a fresh twist in the high-profile custodial death case of Telangana migrant Babu Nisar, his son has written to the Gujarat Home Department seeking the reappointment of Special Public Prosecutor Shailendra Ghariya.

The move comes after the government’s newly appointed prosecutor expressed his inability to take up the assignment, raising uncertainty over the future of the trial in its final stages.

Expressing “shock and surprise” in a representation on Thursday, Nisar’s son, Salim, urged the state government to immediately restore Ghariya as Special Public Prosecutor in the custodial death case registered at Fatehgunj police station. The family said Ghariya has examined more than 55 witnesses and “he possesses complete knowledge of the evidence, witness testimonies, case records, and the prosecution strategy,” making him best placed to see the case through to its conclusion.

The fresh plea comes days after the Gujarat government replaced Ghariya with Vadodara-based advocate Atul Vyas through a Home Department resolution dated June 2, 2026. The order, issued under Section 18(8) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), discontinued Ghariya’s appointment with immediate effect and appointed Vyas as the new Special Public Prosecutor.

However, officials confirmed to this newspaper that Vyas subsequently informed the Home Department that he was unable to assume responsibility for the case because of the recent death of his wife and the family obligations arising from the bereavement. Vyas also cited health-related difficulties.

“The trial has already reached an advanced stage and only around 20 to 25 witnesses remain to be examined,” Salim stated in the representation. Salim also warned that replacing the prosecutor at this stage could lead to “unnecessary delays and prejudice to the effective conduct of the prosecution.”

The case relates to the alleged custodial death of Shaikh Babu Nisar, a 65-year-old daily wage worker from Telangana, who was allegedly picked up by personnel of Fatehgunj police station on December 10, 2019, on suspicion of theft. He never returned home.

Story continues below this ad

The matter gained statewide attention after Salim approached the Gujarat High Court through a habeas corpus petition. Acting on court directions, an FIR was registered in July 2020, alleging offences including murder and destruction of evidence.

According to the FIR, which relied substantially on the statement of an assistant head constable who allegedly witnessed the interrogation, Nisar was tied to a chair inside the police station and subjected to torture during questioning. The witness alleged that Nisar bled during the interrogation and eventually became unresponsive.

The Gujarat CID took over the investigation in August 2020 following directions from the high court. Investigators later traced the mobile phone locations of several accused officers to a canal near Vadodara’s Gorwa area and suspected that Nisar’s body may have been disposed of there. Despite extensive searches, the body has never been recovered.

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

Recurring source of dispute

Story continues below this ad

The prosecution itself has been a recurring source of dispute. In 2023, Salim approached several constitutional authorities seeking the removal of then-Special Public Prosecutor Ravi Shukla, alleging that local prosecutors familiar with police personnel could not ensure a fair trial. The family simultaneously sought Ghariya’s reappointment. Ghariya was first appointed in the case in May 2021 and replaced by Shukla in December 2021.

Following litigation before the Gujarat High Court, Ghariya was reappointed in April 2024 and resumed conduct of the trial. Since then, he has opposed multiple temporary bail applications filed by the accused policemen, several of which were rejected by courts.

© The Indian Express Pvt Ltd

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.

Expertise:

Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:

Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.

Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.

Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).

Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.

Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Tags:

custodial death

Gujarat High Court

special public prosecutor

telangana