CHANDIGARH: A special CBI court in Chandigarh sentenced Zahur Haider Zaidi, a 1994-batch IPS officer and Himachal Pradesh Inspector General of Police, along with seven other policemen to life imprisonment on Monday in the Kotkhai custodial death case. The court also imposed a fine of ₹1 lakh on each of the convicts.
Special Judge Alka Malik of the CBI court remarked, “The growing incidents of torture and death in police custody highlight the worst violations of human rights, committed by the very agencies meant to uphold the law.” She further underscored that custodial torture is a blatant violation of human dignity and a tool used to impose the will of the strong over the weak.
Conviction and Sentencing
The convicts, including Zaidi, were found guilty on January 18 under multiple sections of the Indian Penal Code, including:
- Section 120-B (criminal conspiracy)
- Section 302 (murder)
- Section 330 (causing hurt to extort confession)
- Section 348 (wrongful confinement)
- Section 195 (fabricating false evidence)
- Section 196 (using false evidence)
- Section 218 (tampering with documents)
- Section 201 (destruction of evidence)
The other convicted officers were:
- Then DSP Manoj Joshi
- Then Sub-Inspector Rajinder Singh
- Then ASI Deep Chand Sharma
- Then Head Constables Mohan Lal, Surat Singh, Rafee Mohammad
- Then Constable Ranjit Sateta
However, the court acquitted then-SP Dandu Wangyal Negi due to lack of evidence.
Case Background
The case dates back to July 2017, when Suraj, a Nepalese national accused in the gang rape and murder of a 16-year-old girl in Himachal Pradesh’s Kotkhai, died in police custody on the night of July 18-19. The girl had gone missing on July 4, and her body was discovered two days later in a forest in Halalla village.
Following a public outcry, the state government constituted a Special Investigation Team (SIT) led by Zaidi to investigate the rape and murder. However, after Suraj’s death in custody, the case was transferred to the CBI. Zaidi and the other officers were arrested on August 29, 2017, and Zaidi was subsequently suspended.
Court Observations and Reactions
While the prosecution sought the death penalty, labeling it a “rarest of rare case” to curb custodial torture, the court opted for life imprisonment, citing the convicts’ status as first-time offenders and Zaidi’s previously unblemished service record.
Special Judge Malik, referring to Supreme Court judgments, reiterated that custodial torture is “an instrument of oppression” and a severe violation of human rights.
Zaidi’s Suspension and Revocation
Zaidi’s suspension order, issued in January 2020 after allegations of pressuring a subordinate officer to alter statements in the case, was revoked in January 2023. Until his conviction, he served in the communications and technology services department.
This landmark judgment brings attention to the pressing need for accountability within law enforcement agencies and underscores the gravity of custodial deaths and human rights violations.
