Gujarat custodial death case: Telangana family seeks reappointment of special prosecutor

The fresh plea comes days after the Gujarat government replaced Ghariya with Vadodara-based advocate Atul Vyas through a Home Department resolution dated June 2, 2026. The order, issued under Section 18(8) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), discontinued Ghariya’s appointment with immediate effect and appointed Vyas as the new Special Public Prosecutor.

However, officials confirmed to this newspaper that Vyas subsequently informed the Home Department that he was unable to assume responsibility for the case because of the recent death of his wife and the family obligations arising from the bereavement. Vyas also cited health-related difficulties.

“The trial has already reached an advanced stage and only around 20 to 25 witnesses remain to be examined,” Salim stated in the representation. Salim also warned that replacing the prosecutor at this stage could lead to “unnecessary delays and prejudice to the effective conduct of the prosecution.”

The case relates to the alleged custodial death of Shaikh Babu Nisar, a 65-year-old daily wage worker from Telangana, who was allegedly picked up by personnel of Fatehgunj police station on December 10, 2019, on suspicion of theft. He never returned home.

The matter gained statewide attention after Salim approached the Gujarat High Court through a habeas corpus petition. Acting on court directions, an FIR was registered in July 2020, alleging offences including murder and destruction of evidence.

According to the FIR, which relied substantially on the statement of an assistant head constable who allegedly witnessed the interrogation, Nisar was tied to a chair inside the police station and subjected to torture during questioning. The witness alleged that Nisar bled during the interrogation and eventually became unresponsive.

The Gujarat CID took over the investigation in August 2020 following directions from the high court. Investigators later traced the mobile phone locations of several accused officers to a canal near Vadodara’s Gorwa area and suspected that Nisar’s body may have been disposed of there. Despite extensive searches, the body has never been recovered.

In November 2020, the CID filed a 900-page chargesheet against eight police personnel, including then Fatehgunj police inspector D B Gohil, sub-inspector D M Rabari, four Lok Rakshak Dal jawans, former sub-inspector Dilipsinh Rathod, and assistant head constable Mahesh Rathwa. Six of the accused remain in judicial custody.

Recurring source of dispute

The prosecution itself has been a recurring source of dispute. In 2023, Salim approached several constitutional authorities seeking the removal of then-Special Public Prosecutor Ravi Shukla, alleging that local prosecutors familiar with police personnel could not ensure a fair trial. The family simultaneously sought Ghariya’s reappointment. Ghariya was first appointed in the case in May 2021 and replaced by Shukla in December 2021.

Following litigation before the Gujarat High Court, Ghariya was reappointed in April 2024 and resumed conduct of the trial. Since then, he has opposed multiple temporary bail applications filed by the accused policemen, several of which were rejected by courts.