AHMEDABAD: The Gujarat High Court on Tuesday quashed the conviction and five-year rigorous imprisonment of former Director General of Police SS Khandawala in a 1976 custodial torture case, holding the court’s order “erroneous and failing on its merits”.
Justice Geeta Gopi overturned Khandawala’s September 2003 conviction and five-year rigorous imprisonment by a sessions court in Junagadh under Section 365 of the Indian Penal Code in a 1976 custodial torture case.
The court also rejected the petition filed by the state government to enhance the sentence imposed by the sessions court in 2003.
In 2003, the Junagadh Sessions Court sentenced Khandawala, then deputy superintendent of police, to five years’ imprisonment in a case of custodial torture of Meraj Hagga, in a case under the Arms Act dating back to 1976.
The court of first instance suspended his sentence after he appealed against the conviction and sentence before the Supreme Court.
The Supreme Court in its ruling observed that the order of the sessions court was “erroneous and lacked merits” as the prosecution had failed to prove the case of torture in police custody of the complainant Maraj Haja. The prosecution also failed to prove that the injuries were police-related injuries, and even the date of detention was not proven.
Another accused, B.A., died. Raoul, during the trial proceedings, and thus the case against him was stopped.
The cases of two other accused, Bhupatsinh Vaghela and Rambalsingh Pawar, who were sentenced to one year’s rigorous imprisonment, were also commuted after their deaths while the appeal was pending.
According to the prosecution, on October 7, 1976, Hajja’s house was searched for possession of a gun, and he was taken to Porbandar Police Station.
The next day, he was allegedly beaten by the accused and four or five other people, causing him to suffer a fracture and lose consciousness.
On November 2, 1976, a special complaint was registered against them, accusing them of torture during detention. The complainant claimed that he was beaten during detention and suffered a fracture in his left leg.
He was hospitalized and released on bail on October 14, 1976.
In December 1981, the court took cognizance of his complaint against Khandawala and on September 16, 1982, registered the case.
Shabbir Hussain Sheikhdam Khandawala was the Deputy Director General of Gujarat from February 2009 to December 2010.
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