The case concerns the alleged custodial death of 65-year-old Telangana daily wage worker Shaikh Babu Nisar. (Express File Photo/Enhanced using AI)The Gujarat High Court on Monday granted the state government additional time till Friday to decide on Special Public Prosecutor (SPP) in the 2019 ‘custodial death’ case of Telangana migrant worker Shaikh Babu Nisar in Vadodara’s Fatehgunj police station, after the government cited heavy rains and widespread waterlogging across the state as the reason for the delay in taking a call in the matter.Justice M K Thakker noted that despite the court’s earlier direction, no decision had been taken on whether advocate S I Ghariya should continue as Special Public Prosecutor in the long-pending trial.Appearing for the State, the Additional Public Prosecutor informed the court that the opinion of the District Government Pleader had now been received by the Home Department. However, owing to the prevailing rain and flood-like situation in several parts of the State, the government had been unable to take a final decision. The State assured the court that a decision is expected shortly.Also Read | 8 adjournments, no prosecutor: How a State decision put 2019 Vadodara custodial death case trial in limboTaking note of the explanation, the court granted time till Friday but made it clear that the matter could not be kept pending indefinitely.The court recorded that no decision had been taken pursuant to its earlier order. At the request of the Additional Public Prosecutor, it deferred the matter till Friday, while cautioning that if the government still failed to take a decision, the Secretary of the Home Department would be required to file an affidavit explaining the delay.The issue stems from the State government’s June 2 decision to discontinue Ghariya as Special Public Prosecutor, a move challenged by the victim’s son, Salim Nisar, before the High Court.During the previous hearing, the High Court had expressed serious reservations over the repeated changes of prosecutors in the case, observing that such changes were hampering rather than expediting the trial.Story continues below this adThe court had noted that Ghariya, who has been conducting trial since 2021 and was reappointed pursuant to a High Court order in 2024, had overseen substantial progress in the case. According to the petitioner, the trial record has grown to nearly 3,500 pages, over 60 witnesses have already been examined, and only around 25 material witnesses remain.The State had earlier informed the court that advocate Atul Vyas, who was appointed in Ghariya’s place, had declined the assignment due to personal reasons.Questioning the rationale behind replacing a prosecutor at such an advanced stage of the trial, the court had observed that any new prosecutor would require considerable time to familiarise himself with the voluminous record, thereby delaying proceedings further.The victim’s son, Salim Nisar, has argued that Ghariya’s removal is arbitrary and prejudicial to the prosecution, particularly in light of the Supreme Court’s earlier directions to ensure expeditious examination of key witnesses. The petition also relies on previous orders of both the Supreme Court and the Gujarat High Court fixing timelines for completion of the trial.Story continues below this adThe case concerns the alleged custodial death of 65-year-old Telangana daily wage worker Shaikh Babu Nisar, who, according to the complainant, “disappeared” after being taken into custody by Vadodara’s Fatehgunj police in December 2019. Following a habeas corpus petition by his son, the Gujarat High Court directed registration of an FIR, leading to a CID probe.The CID said that Nisar was tortured in police custody and that his body was disposed of in a canal, though it has never been recovered. In 2020, the CID chargesheeted eight police personnel for offences including murder and destruction of evidence. The trial has also witnessed disputes over the appointment of the Special Public Prosecutor, with the victim’s family consistently seeking the continuation of Ghariya, who was reappointed by the High Court in 2024.Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More