Ahmedabad: Gujarat High Court has ordered registration of an FIR against unknown persons in connection with the custodial death of Rajkot’s joint director general of foreign trade (DGFT), Jawri Mal Bishnoi, who allegedly jumped from the fourth floor during a CBI raid. The court has entrusted the investigation to DIG, CID (Crime).Bishnoi died on March 25, 2023, and his widow alleged that CBI officials harassed and tortured him for 19 hours. She sought invocation of murder charges against the raiding team.On March 24, 2023, the anti-corruption branch of CBI laid a trap at Bishnoi’s office and allegedly caught him accepting a bribe, following which it registered an FIR under the Prevention of Corruption Act. Another CBI team raided his residence, and the post-trap procedure continued until the next morning, when the officials received news of Bishnoi’s death.Rajkot police investigated the case as an “accident death” and concluded that CBI had failed to take proper care, though there was no abetment to suicide. Since Bishnoi was in CBI custody, a judicial magistrate conducted an inquiry under Section 176 of the CrPC and gave a clean chit to the CBI team.Bishnoi’s family then complained to police and approached a judicial magistrate seeking a probe into allegations of harassment and torture leading to his death under mysterious circumstances. The family refused to accept the suicide theory, saying he could not have jumped from the window.They approached HC alleging illegal detention without timely production before a magistrate, non-compliance with arrest safeguards, threats during the residential search and injuries inconsistent with the suicide narrative. The petitioner also relied on an alleged audio recording on her son’s mobile phone during the CBI search at the house.CBI and state govt opposed the plea, but Justice M K Thakker held that the inquiry into the accidental death and judicial inquiry were insufficient and could not substitute a full-fledged police investigation when the allegations disclosed a cognisable offence.HC noted loopholes in the earlier inquiries and said that in cases of custodial death and violation of constitutional rights, the court’s approach must be different. “If such constitutional rights are violated by any officer or any other person in police custody, in jail or otherwise, the court is required to intervene by directing the police authorities to register an FIR.”Since an earlier inquiry had been conducted by an SIT under an ACP, HC said, “The investigation shall be carried out under the supervision of DIG, CID Crime, who shall ensure that the investigation is conducted in accordance with law and with due promptitude. For the aforesaid purpose, an appropriate report shall be concluded within a period of three months from today, and the said report shall also be forwarded to the registry of this court for perusal.”
