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Reinstates Special Prosecutor Following State Government’s Reversal In Custodial Death Case
The has effectively intervened to ensure the integrity and progress of a high-profile custodial death trial, leading the state government to reinstate advocate as the . The order, passed by Justice M. K. Thakker, brings a resolution to a contentious procedural dispute that had threatened to stall the trial of eight police personnel accused in the 2019 death of 65-year-old Shaikh Babu Shaikh in Vadodara.
A Long Road to Justice
The case stems from the tragic disappearance of Shaikh Babu Shaikh, a Telangana resident, who was taken into custody by the in . Following a , a was registered against local police officers for and . The investigation, later transferred to the , revealed harrowing accounts of .
The , however, hit a significant roadblock when the state government abruptly removed as the SPP, replacing him with advocates and . This move prompted the victim's kin to approach the , arguing that the constant disruption was prejudicing the ’s case and causing undue delays.
Judicial Scrutiny of
During the hearing, the High Court directed pointed questions toward the state authorities, asking why the prosecutor was replaced despite the significant progress made under his tenure. Records showed that 51 had been examined between and under Ghariya’s guidance, a momentum the court was keen to preserve.
The petitioner’s counsel, , argued that the continuity of the legal counsel was vital, particularly given that the previous replacement had failed to bring critical to the record. The court, emphasizing the , expressed concern that frequent changes to the team would only serve to impede the trial's conclusion, necessitating a new prosecutor to spend valuable time familiarizing themselves with the complex, voluminous .
The Court’s Ruling
The legal impasse concluded on , when the State government informed the High Court of a new issued by the . This formally discontinued the appointments of advocates and , and in exercise of the powers under Section 18(8) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, reinstated to conduct the trial.
Consequent to this development, the petitioner opted not to press the application further. Justice M. K. Thakker formally disposed of the matter, ensuring the trial can now proceed with its previous momentum.
Key Observations from the Bench
The court’s stance throughout the proceedings underscored the importance of continuity in criminal trials:
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On Trial Progress:
"What is the difficulty if he is proceeding?… It appears that during his tenure, he examined the maximum number of . Why are you interrupting the trial?"
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On Judicial Time:
"You are wasting the court’s time. Under the guise that this person is not doing the work which is up to the mark, you are delaying the trial."
- On Potential Prejudice: The Court noted that the appointment of a fresh prosecutor at such an advanced stage would inherently slow the proceedings, directly impacting the rights of the victims and the efficiency of the justice system.
The case is now set to continue before the , with the next hearing scheduled for . This intervention serves as a reminder that in appointing prosecutors is subject to judicial oversight when it interferes with the .
