The mother of a law student who died in custody has petitioned the Bombay High Court to summon Maharashtra Home Minister Devendra Fadnavis for failing to establish clear guidelines on investigating custodial deaths. Vijayabai Suryawanshi alleges a legal vacuum persists despite judicial orders, hindering proper probes into her son Somnath's homicidal death. The plea demands a time-bound policy to ensure immediate FIRs and accountability in such cases.
Vijayabai Vyankat Suryawanshi, mother of Somnath Suryawanshi, a Scheduled Caste law student, filed a petition in the Bombay High Court seeking to summon Maharashtra Home Minister Devendra Fadnavis. Somnath died on December 15, 2024, in Parbhani District Prison, with both a magisterial inquiry and an expert panel at Chhatrapati Sambhajinagar concluding the death resulted from shock following multiple injuries, classifying it as homicidal.
The petition, represented by advocates Prakash Ambedkar, Hitendra Gandhi, M.B. Sandanshiv, and Siddharth Y. Shinde, highlights a 'continuing legal vacuum' under Section 196 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. While the law mandates magisterial inquiries into custodial deaths, it lacks provisions for mandatory actions like FIR registration when deaths are deemed unnatural or homicidal. In Somnath's case, authorities have relied on fact-finding enquiries, shifting medical opinions, and circulars instead of pursuing a custodial murder investigation.
On September 12, 2025, a Division Bench of Justices Vibha Kankanwadi and Hiten S. Venegavkar criticized the state's approach, noting that only a letter was sent for CCTV footage rather than immediate seizure. The court directed its collection within two days and stayed a CID circular dated July 16, 2025, emphasizing that circulars cannot replace law. 'Any circular cannot take the form of guidelines. Here we cannot wait for the action from Home Department in infinity,' the bench observed.
In response, Principal Secretary Anup Kumar Singh filed an affidavit on October 3, 2025, attaching a government circular from September 30, 2025, claiming it outlines investigation procedures. However, the petitioner argues this does not comply with the court's mandate, as executive circulars cannot fill statutory gaps.
The plea calls for declaring both circulars non-compliant and directing a time-bound statutory policy. It proposes mandates for immediate FIRs, independent investigations, preservation of evidence, officer suspensions, and court reporting. Until guidelines are framed, it seeks adherence to Supreme Court principles from cases like D.K. Basu v. State of West Bengal and Nilabati Behera v. State of Orissa. The application warns that without policy reform, Article 21 rights remain at risk in future custodial deaths. A Special Investigation Team, led by a Special Inspector General, was earlier formed, with the matter slated for hearing later in December 2025.