Gujarat High Court Questions Police Refusal to File FIR in Custodial Death Case of Zaheer Shaikh

The Gujarat High Court on Monday questioned the Ahmedabad Police over their refusal to register an FIR in "Custodial Death" Case of Zaheer Shaikhof custodial torture leading to the death of 70-year-old Zaheer Shaikh, whose family alleges he named the policemen who assaulted him before his death.

Hearing a petition filed by Shaikh’s son, Tofik Sheikh, Justice D.N. Ray orally observed that the police could not selectively choose what to investigate while refusing to formally register a complaint.

“The power of the police to investigate is plenary, but that does not mean the police can say, ‘I will investigate what I want, but I will not register an FIR,’” Justice Ray remarked during the hearing.

The state counsel, appearing for the police, argued that the complainant was not cooperating with the investigation and informed the court that a suo motu accidental death case had already been registered under Section 196 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Justice Ray, however, questioned the logic of investigating without first registering the family’s complaint.

“How will he cooperate if you have not registered an FIR? What do you investigate? You investigate the allegations made in the FIR. You first have to register the FIR to know the contents of the allegations, and then you investigate,” the judge observed.

The court also criticised what it described as a “recalcitrant attitude” on the part of the police.

“This is a recalcitrant attitude to even register a complaint, [saying] that ‘I will first investigate whatever I want to investigate,’” Justice Ray said.

The matter has been posted for further hearing on May 28.

Advocates Robin Bhat and Musaib I. Sheikh appeared for the petitioner.

Allegations of Custodial Torture

Zaheer Shaikh, a resident of Juhapura in Ahmedabad, was arrested on May 16 in connection with an alleged beef seizure case registered in the Vejalpur area earlier this month.

According to the police, a raid conducted on May 5 near Sonal Cinema Road in Vejalpur led to the recovery of around 520 kilograms of suspected cattle meat from an open ground behind Neha Flats in Juhapura. Police claimed that three Muslim men were arrested at the spot, while Shaikh and another accused allegedly fled.

Police stated that Shaikh was initially detained in a preventive detention matter on May 16 and was later formally arrested by Vejalpur Police in the cattle slaughter case on May 18.

His family, however, has alleged that the elderly man, who was diabetic and suffering from multiple health complications, was brutally tortured in custody.

Relatives alleged that he was beaten during interrogation, verbally abused, and had his beard pulled by police personnel.

A video described by the family as a dying declaration, recorded at Ahmedabad’s SVP Hospital before Shaikh’s death, later surfaced on social media. The video was reportedly recorded and circulated by his son.

Speaking to Maktoob, Tofik Sheikh alleged continued harassment by the police even after his father’s death.

“They are yet to register the FIR, but they keep coming to us asking for mobile phones and ‘evidence,’ citing the investigation. What are they investigating when our FIR is not registered?” he said.

He also alleged that the police dismantled the family’s protest site outside the police station while the High Court proceedings were underway.

Ahmedabad Police have denied the allegations of custodial torture.

The family has refused to accept custody of Zaheer Shaikh’s body for over a week, demanding action against the police personnel allegedly involved. The post-mortem report is still awaited.