Court Reiterates Need for Statutory Process Before Invoking Article 226 in Custodial Death Cases
In a significant ruling, the Gujarat High Court has dismissed a writ petition seeking the registration of an FIR concerning the alleged custodial death of Mr. Jairuddin Gyasuddin Shaikh, citing the necessity of exhausting statutory remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before resorting to the court's writ jurisdiction under Article 226 of the Constitution of India. The petitioner, Tofik Shaikh, had filed the writ petition alleging that his father was subjected to physical assault while in police custody, leading to his death.
The case revolved around the arrest of Mr. Shaikh on May 18, 2026, in connection with offences under the Bharatiya Nyaya Sanhita, the Gujarat Animal Preservation Act, and the Prevention of Cruelty to Animals Act. The petitioner alleged that Mr. Shaikh was assaulted and administered unidentified substances while in custody, resulting in his death on May 19, 2026. Despite these serious allegations, no FIR had been registered against the concerned police officials, prompting the petitioner to seek judicial intervention.
The court, presided over by Justice D.N. Ray, emphasized that custodial deaths are grave violations of fundamental rights under Article 21 of the Constitution, necessitating stringent accountability. However, it held that the High Court is not a forum of first instance for such matters unless extraordinary circumstances exist. The court reiterated that the statutory framework under the BNSS provides a structured process for addressing grievances, which must be utilized before approaching the High Court.
Justice Ray cited precedents, including the Supreme Court's rulings in Lalita Kumari v. Government of Uttar Pradesh and Sakiri Vasu v. State of U.P., underscoring that the remedy for non-registration of FIRs lies within the statutory framework. The court noted that the petitioner had not approached the Superintendent of Police or the Magistrate as provided under Sections 173(4) and 175(3) of the BNSS, making the petition premature.
In conclusion, the court dismissed the petition, granting liberty to the petitioner to pursue alternative statutory remedies. The court also directed the preservation of crucial evidence, including CCTV footage, station diary entries, and medical records, in the interest of justice.
Bottom line:-
Custodial deaths require utmost scrutiny and accountability, but the statutory remedies under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) must be exhausted before invoking writ jurisdiction under Article 226 of the Constitution of India.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 173(1), 173(4), 175(3), Article 21 of the Constitution of India.
Tofik Shaikh v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2910561
