The Bombay High Court has ordered police to register an FIR in the custodial death case of Dalit law student Somnath Suryawanshi. His mother alleged illegal arrest, torture, and a cover-up by the police.
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MUMBAI: The Bombay High Court ordered the police to immediately file a First Information Report (FIR) regarding the death of 35-year-old Dalit law student Somnath Suryawanshi, who died in police custody.
The court said that the police had failed in their duty by not filing an FIR even after a complaint was submitted by his mother.
Somnath was arrested in November 2024 during protests against the vandalism of a replica of the Indian Constitution placed near a statue of Dr. BR Ambedkar. The protest happened after a demonstration on November 10, 2024, in Parbhani, Maharashtra, organised by the Hindu Sakal Samaj Morcha, which was reacting to alleged attacks on Hindus in Bangladesh.
During the protest, someone allegedly vandalised the Constitution replica. This led to another protest the next day, which turned violent. In response, the police raided homes and detained several people, including Somnath.
His mother strongly denied any wrongdoing by her son and said he was only part of a peaceful protest. She claimed that he was illegally arrested, and after that, he was beaten severely while in custody. On December 15, 2024, Somnath died in jail. The postmortem report said that the cause of death was shock due to multiple injuries.
The police, however, said that Somnath had complained of chest pain and restlessness, and he died of a heart attack. But his mother rejected this explanation and said the truth was being hidden.
She approached the Bombay High Court because no criminal case had been registered even after her repeated complaints. She also asked the Court to issue guidelines on how authorities should act after a magistrate finishes an inquiry into a custodial death.
The High Court Bench, made up of Justice Vibha V Kankanwadi and Justice Sanjay A Deshmukh, clearly said that the police should have filed an FIR in this case.
“We are constrained to direct respondent No.1 and Police Inspector Mondha Police Station, Parbhani to register the FIR on the basis of the complaint application dated 18.12.2024 given by the petitioner (the deceased man’s mother). Such FIR be registered within a period of one week and Superintendent of Police, Parbhani is directed to handover the investigation to a police officer of the rank of Deputy Superintendent of Police,”
-the Court ordered.
The Court said that the police had a clear duty to act when there is a custodial death, especially under the Lalita Kumari guidelines, which make it compulsory for police to register an FIR if a cognizable offence is found.
His mother made some very serious accusations. She said that police officers had tried to pressure her to perform her son’s last rites quietly, away from Parbhani.
She also alleged that they offered her Rs 50 lakh to remain silent about the case and not file any complaint.
She claimed that the State was trying to protect the guilty officers.
In her petition, she also asked the Court to:
- Order criminal action against the police officers responsible,
- Take action for outraging the modesty of women in custody,
- Suspend the officers involved,
- And issue proper guidelines for handling custodial death cases after a judicial inquiry.
The High Court noted that on a prima facie (at first glance) basis, there is enough information to believe a crime may have been committed. Therefore, the police must file an FIR.
However, the Court said that other requests made in the petition—such as framing long-term guidelines for handling custodial deaths—would be considered later. The next hearing in the case will take place on July 30, 2025.
Advocate Prakash Ambedkar and Advocate MB Sandanshiv appeared for the petitioner, Somnath’s mother, Vijayabai Vyankat Suryawanshi.
Public Prosecutor AB Girase represented the State.
CASE TITLE:
Vijayabai Vyankat Suryawanshi v State & Ors
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