The Supreme Court on Wednesday upheld an earlier Bombay High Court directive to the Fadnavis government to register a case in the Somnath Suryawanshi police (judicial) custodial death case within a week.
The development comes as a setback to the Fadnavis-led Mahayuti government, as there is a strong possibility of cases being filed against police officials allegedly involved in the custodial death of Somnath Suryawanshi. The Fadnavis government is also likely to face consequences for violating the Bombay High Court directive to register a case within a week.
Initially, the police and the Maharashtra government claimed that Dalit activist Somnath Suryawanshi had died of natural causes, despite allegations that he died in police (judicial) custody due to torture.
Just days after the Mahayuti government was sworn in, Maharashtra Chief Minister Devendra Fadnavis claimed in the legislative assembly that ‘Suryawanshi’s medical examination revealed he had a serious respiratory illness. The report also noted old injuries, including a broken bone near one of his shoulders. While in judicial custody, he began experiencing chest pain in the morning. Police then took him to the hospital, where he was declared dead.’ However, a subsequent postmortem report contradicted this account, indicating that Suryawanshi died as a result of physical assault.
Meanwhile, Dalit activist Somnath Suryawanshi’s mother, Vijayabai Venkat Suryavanshi, expressed satisfaction with the Supreme Court’s verdict in the custodial death case of her son.
“I am grateful to the Parbhani Lawyers’ Association, Aurangabad Lawyers’ Association, Mumbai High Court Lawyers’ Association, and Vanchit Bahujan Aghadi (VBA) chief Prakash Ambedkar. Prakash Ambedkar stood by me like a brother throughout this case. He stood firm and helped me get justice. Somnath shed his blood for the Constitution of this country. He sacrificed his life for the Constitution. Prakash Ambedkar did not let his sacrifice go in vain,” Somnath Suryawanshi’s mother, Vijayabai Venkat Suryavanshi, told media persons.
“The police killed my son. The police entered our house, broke down the doors, and beat us. An in-camera autopsy was conducted on Somnath. It was clear that he died due to torture. No child should have to suffer like this. My son was going to become a lawyer, but the police took him away and killed him. The state government tried to mislead us. They tortured my son for four days in police custody and beat him until his bones broke. The police killed my son, who wanted to become a lawyer. Then they lied that he died of a heart attack,” Somnath Suryawanshi’s mother, Vijayabai Venkat Suryavanshi, said.
The matter drew public attention after Prakash Ambedkar — the grandson of Dr Bhimrao Ramji Ambedkar and chief of the Vanchit Bahujan Aghadi (VBA) — filed a case in the court and also argued the Somnath Suryawanshi custodial death case in court. After this, the Bombay High Court directed the Maharashtra government to register a case within a week. However, instead of complying with the order, the Fadnavis government chose to approach the Supreme Court against the Bombay High Court order.
While speaking about the Somnath Suryawanshi custodial death case, VBA chief Prakash Ambedkar said, “The Supreme Court has given a verdict in our favour in the case of State of Maharashtra and others versus Vijayabai Venkat Suryavanshi (the mother of the late Somnath Suryawanshi) and has upheld the order of the Bombay High Court.”
“The Supreme Court heard our side. The Bombay High Court’s decision to register a case within a week was upheld. Since the police did not register a First Information Report (FIR) within a week, it will have to be seen whether action is taken against them for violating the Bombay High Court’s order, since the court had ordered the Fadnavis government to register a case within a week,” VBA chief Prakash Ambedkar said.
“The Supreme Court also questioned why a case was not registered in the Somnath Suryavanshi custodial death case within the mandated one-week period. In this case, the Maharashtra government itself is the accused, as Somnath Suryavanshi died while in police custody, i.e. under government custody. Like in all such previous cases, the Maharashtra government had made its usual attempt to shrug off its responsibility in this case as well, but we brought this matter to the court’s attention. Therefore, in the future, those who die in police custody will get justice,” VBA chief Prakash Ambedkar said.
“Today’s Supreme Court verdict is likely to increase pressure on the Maharashtra state government, the police, and government hospital doctors. We will demand that the doctors at JJ Hospital in Mumbai be named as accused in this case. A second medical opinion cannot be issued without a court order. Not all the facts have been investigated in the Somnath Suryavanshi custodial death case. Therefore, we are going to demand that the JJ Hospital doctors be named as accused in this case,” VBA chief Prakash Ambedkar said.
“This verdict will set guidelines for investigations into custodial death cases for the first time. Now, courts will decide whether the investigation into the Somnath Suryavanshi death case will be conducted by forming a Special Investigation Team (SIT) or through a commission. The question is who will oversee those appointed to the SIT or the commission. The government and the administration are trying to save the police in this case. The court has taken note of the combing operation carried out in Parbhani following the desecration of a Dr Ambedkar statue. For what reason and under what law this combing operation was carried out will be investigated. Therefore, now there is a possibility that all the policemen involved in this combing operation may be named as accused in the case,” VBA chief Prakash Ambedkar said.