Justice M R Mengdey of the Gujarat High Court recused from hearing the petition filed by Shaikh's son Salim, challenging the June 2 decision of the State to remove the special public prosecutor S I Ghariya.(File photo)The trial in the alleged custodial death of a 65-year-old Telangana migrant, Babu Nisar Shaikh, in 2019 has come to a halt after the Gujarat government replaced the prosecutor and the new appointee declined to take up the matter. Earlier this week, Justice M R Mengdey of the Gujarat High Court recused from hearing the petition filed by Shaikh’s son Salim, challenging the June 2 decision of the State to remove the special public prosecutor S I Ghariya.Since Ghariya was removed, eight hearing dates have passed without the examination of a single witness in the trial.A disappearance of Telangana man, arrest of 6 copsAn FIR was lodged and chargesheets were filed against eight policemen posted in Vadodara’s Fatehgunj police station at the time, following a habeas corpus petition filed by Salim, though Nisar’s body has not been recovered yet.The CID (Crime), which is investigating the case, emptied the Narmada canal twice in 2020 to search for the body, after one of the policemen Mahesh Rathwa said in his statement that his car was allegedly used to transport the body and dispose it in the canal around four kms from the police station. Six accused policemen are in judicial custody.Shaikh, a cloth seller, was allegedly picked up by Fatehgunj police in Vadodara on December 10, 2019 on suspicion of theft and was not seen thereafter. After his son Salim moved a habeas corpus petition in the High Court, an FIR was registered in July 2020 charging six policemen with murder and destruction of evidence.The six arrested policemen are Inspector D B Gohil, sub-inspector D M Rabari and Lok Rakshak Dal jawans Pankaj Mavjibhai, Yogendra Jilansinh, Rajiv Savjibhai and Hitesh Bhambhaniya.In 2023, Salim sought the removal of the then Special Public Prosecutor R Shukla in representations before the State Legal department. Thereafter, he moved a petition in the High Court seeking the appointment of a Special Public Prosecutor, arguing that an independent prosecutor was necessary for a fair trial. Following a High Court direction, advocate Ghariya was reappointed in April 2024 and went on to examine more than 60 witnesses while successfully opposing several bail pleas filed by the accused police personnel.Story continues below this adArbitrary removal: Family in pleaSalim’s petition seeks quashing of the resolution to remove Ghariya and bring him back in the case especially since Vadodara advocate Atul Vyas, whom the government wanted in his place, declined to accept the assignment, leaving the case without a prosecutor.The petition, that was not taken up on June 8 following the recusal of the judge, contends that the government did not cite a reason for its decision to replace the special public prosecutor. The plea also states that Ghariya had been appointed pursuant to Gujarat High Court directions in April 2024 after an earlier petition filed by the victim’s family. It argues that the “arbitrary removal undermines the very safeguards put in place by (the High Court) for a fair trial”. The family has also relied upon earlier judicial directions governing the trial.The Supreme Court in March 2024 had refused to grant bail to one of the accused jawan of Lok Rakshak Dal Hitesh Bhambhaniya, directing that key prosecution witnesses be examined expeditiously, preferably within a year, failing which the accused could renew his bail plea.In August last year, the Gujarat High Court had rejected the bail application of another accused and while directing completion of the trial within a year.Story continues below this adThe court proceedings, officers of the Vadodara District Court said, have already felt the impact. The last hearing in the trial was held on May 29, when six key witnesses were examined, after which Ghariya proceeded on leave following the demise of his mother. He was scheduled to resume duties on June 8, but instead received the government’s withdrawal order.This week, however, the District Government Pleader appeared before the court during the hearing of a bail application filed by one of the accused police officers, PI D B Gohil and opposed the plea. The court ultimately rejected the bail application.Gohil had sought bail to appear for a written examination of Diploma in Human Rights and Diploma in Financial legal Management. The court said, “The record indicates that the applicant is in the habit of seeking temporary bail at regular intervals, and thus, he wants to remain out of the jail under one or another pretext… Moreover, in the present days, the open universities are conducting various courses and examinations in the duration of every 02 – 03 months, and such courses are available all round the year… no exceptional or compelling circumstance has been demonstrated to justify the grant of temporary bail.”The trial is next scheduled before the sessions court on July 14.Story continues below this adAn official of the state legal department said that if a prosecutor declines the assignment, the department would have to make a fresh appointment for the case. The official added that “no decision” has been made in the matter yet.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