The Gujarat High Court on Tuesday questioned the State government’s repeated changes of the Special Public Prosecutor in the alleged custodial death case of Telangana migrant worker Shaikh Babu Nisar, observing that the exercise was delaying rather than expediting the trial proceedings and warning that it would pass appropriate orders if a decision on the special public prosecutor was not taken by next week.Justice M K Thakker was hearing a petition filed by the victim’s son, Salim Nisar, challenging the Home Department’s June 2 decision discontinuing S I Ghariya as Special Public Prosecutor.The court sought an explanation from the State for changing prosecutors at an advanced stage of the trial. “In fact, there was good progress when your Special PP Mr Ghariya was appointed. Previously, some other person was appointed, but despite the directions issued by the Apex Court and by this Court, there was no progress…,” the court observed.Advocate Devarsh Pandya, appearing for the petitioner, submitted that under Ghariya, the trial record had run into 3,500 pages. The counsel also submitted that Ghariya had made an open statement before the trial court that there was no requirement of examining more than 24 additional witnesses and the outer limit for concluding the trial was August 22.The State informed the court that advocate Atul Vyas, who had been appointed in place of Ghariya, had declined to take up the assignment due to personal reasons.Expressing concern over the consequences of another change in prosecution, the bench observed that replacing Ghariya at this stage would only prolong the trial. The court orally remarked, “In fact, by changing the Special Public Prosecutor, you are delaying the trial instead of expediting it. The record runs into 3,500 pages. Mr Vyas, if he comes, will also require some time to understand the case. This person (Ghariya) has already conducted the trial for the last four years and has substantially examined the material witnesses. It is not even in the interest of the State…”The court noted that Ghariya had originally been appointed as Special Public Prosecutor in 2021 and was reappointed pursuant to a High Court order in 2024, and “only the material witnesses, to the extent of about 25, remain to be examined.”Story continues below this adIt was also argued that the trial had failed to make substantial progress after Ghariya’s removal despite timelines fixed by higher courts. The State placed on record a communication issued by the Deputy Secretary, Home Department, seeking the District Government Pleaders’ opinion on the victim family’s request to continue Ghariya as Special Public Prosecutor.In an oral order, the court said, “Considering the submissions, let this matter be listed on next Monday. Meanwhile, an appropriate decision shall be taken by the State with regard to the continuation of the Special Public Prosecutor.”The court also orally cautioned the state against further delay. “Next week, if you are not coming with a decision, then an appropriate order will be passed. Just convey this to your officers,” the court said.Salim Nisar has contended that the unexplained removal of Ghariya is arbitrary and prejudicial to the prosecution, particularly when the trial had reached an advanced stage after examination of more than 60 witnesses. The petition also relies on the Supreme Court’s March 2024 direction that key prosecution witnesses be examined expeditiously, failing which the accused could seek fresh bail, as well as a Gujarat High Court order directing completion of the trial within one year.Story continues below this adThe case relates to the alleged custodial death of 65-year-old Telangana migrant worker Shaikh Babu Nisar, who allegedly disappeared after being picked up by Vadodara’s Fatehgunj police in December 2019. The Gujarat CID later chargesheeted eight police personnel for offences including murder and destruction of evidence. Nisar’s body has never been recovered.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