Gujarat Govt Reinstates Special Public Prosecutor In 2019 Vadodara Custodial Death Case After High Court Intervention
The Gujarat High Court was informed on Friday (July 31) that the State government has reinstated the Special Public Prosecutor (SPP), who was earlier conducting the trial in the 2019 alleged custodial death of a Telangana man in Vadodara and whose appointment had subsequently been discontinued. [2026 LiveLaw (Guj) 209]
The development came after the High Court had asked the State to take an appropriate decision on the continuation of the prosecutor.
The court was hearing a plea moved by the kin challenging State's decision to remove advocate Shailendrasinh I. Ghariya as SPP.
On an earlier hearing Justice MK Thakker was informed by the petitioner that on withdrawal of Ghariya's appointment as SPP, advocate Atul Vyas was appointed SPP; however he had shown his inability to continue with the said assignment due to some personal reasons.
It was submitted that despite the Supreme Court fixing a timeline for conclusion of the trial, with liberty reserved to the accused to seek bail in case of delay, the trial had substantially stalled due to the change of Special Public Prosecutor. The petitioner pointed out that Ghariya, who had been appointed as SPP in 2021 and again in 2024, had already examined around 40 witnesses, with only about 25 material witnesses remaining to be examined.
The State had submitted a communication addressed by the Under Secretary, Home Department seeking opinion of the DGP with regard to the applicant's plea for continuation of Advocate Ghariya, as SPP. The State's counsel had thus sought time to seek instructions from the DGP on the decision, wherein the court while granting time had said "appropriate decision shall be taken by the State with regard to the continuation of the Special Public Prosecutor".
Thereafter when the matter was listed on July 31 the court was informed by the State that Home Department had issued a notification discontinuing appointment of advocates Atul Vyas and Bhavin Purohit as Special Public Prosecutor with immediate effect.
It was stated in the notification, "in exercise of the powers conferred by sub-Section (8) of Section 18 of the BNSS, 2023, Mr.Shailendrasinh I.Ghariya, Advocate is now appointed as Special Public Prosecutor for conducting the case of Fatehgunj Police Station C.R. 11196012200614/2020 at District Vadodara".
The petitioner's counsel thus sought to not press the plea and the plea was disposed of.
The case relates to the alleged custodial death of Shaikh Babu Shaikh @ Rahim Shaikh Vajir, a 65-year-old resident of Kamareddy, Telangana, who allegedly went missing after being taken to Fatehganj Police Station, Vadodara, for interrogation in December 2019.
Subsequently, an FIR was registered against certain police personnel under Sections 302, 201, 203, 204 and 34 of the Indian Penal Code. The High Court had earlier transferred the investigation to the CID (Crime), observing that continued investigation by the existing agency could result in the loss of vital evidence.
Mr. S.G.Patil, Additional Commissioner of Police, Division was the first informant. The investigation of the said FIR was also handed over to the ACP, B-Division, Vadodara City.
On August 5, 2020 the Court acceded to the request of change of investigating agency rather than permitting some more time in the matter to the present agency as that may further result in loss of vital evidence.
Case title: SHEIKH SALIM SHEKHBABU v/s STATE OF GUJARAT
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9669 of 2026
Citation: 2026 LiveLaw (Guj) 209
Appearance:
MR DEVARSH P PANDYA for the Applicant(s) No. 1
MR.HARDIK DAVE, PUBLIC PROSECUTOR with MR.MEET THAKKAR, APP for the Respondent(s) No. 1