Shimla: In a landmark judgment, the Central Bureau of Investigation (CBI) court sentenced Inspector General of Police Zahur Haider Zaidi and seven other police personnel to life imprisonment for their involvement in the custodial death of Suraj Singh, an accused in the 2017 Kotkhai rape-murder case.
The court, on 18 January, convicted deputy superintendent of police (DSP) Manoj Joshi, sub-inspector Rajinder Singh, assistant sub-inspector Deep Chand Sharma, and constables Mohan Lal, Surat Singh, Rafee Mohammad, and Ranjit Sateta. However, former Superintendent of Police Dandub Wangial Negi was acquitted due to insufficient evidence.
The court order detailed the charges against the accused under multiple sections of the Indian Penal Code (IPC), including 120-B (criminal conspiracy), 302 (murder), 330 (voluntarily causing hurt to extort confession), 348 (wrongful confinement), 195 (fabricating evidence), and 218 (public servant framing incorrect record).
Speaking to ThePrint on the phone, Mamta, Suraj Singh’s wife said, “I am obliged to all who helped me to get justice. Not only these policemen, anyone who kills someone’s husband, father, son should be punished. It took almost years but finally, justice is delivered. Verdict in this case is an indication that even a poor migrant labourer could get justice.”
She, however, said she didn’t wish the death penalty on them. “I am not that selfish or sadistic. They have families too. I know the pain of living without a loved one, a partner. I don’t want their families to endure the same pain. However, the criminals must realise the gravity of their actions. They should suffer and be held accountable,” she said.
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On 4 July, 2017, a 16-year-old schoolgirl went missing in Kotkhai, a quiet town 56 km from Shimla. Her body was discovered 2 days later in the Halaila forests, showing clear signs of sexual assault and violence. The brutal crime sparked widespread protests across Himachal Pradesh, with citizens demanding swift justice.
In response, the then-Congress government constituted a Special Investigation Team (SIT) led by Zaidi. The SIT arrested six suspects, including Suraj Singh, a Nepali labourer. However, on the night of 18 July, 2017, Suraj died under mysterious circumstances while in custody at the Kotkhai police station.
Amid growing public skepticism over the SIT’s investigation, the Himachal Pradesh High Court, in the same month, transferred the case to the CBI, which found that Suraj had been tortured in custody to force a confession, resulting in fatal injuries.
Further investigation led the CBI to identify another suspect, Anil Kumar alias Neelu Charani, who had been overlooked by the SIT. Kumar was convicted and sentenced to life imprisonment in 2021 for the rape and murder. Meanwhile, the charges against the remaining five accused, including Suraj, were dropped.
After Suraj’s death, Soumya Sambasivan, the then-SP of Shimla, claimed to have faced immense pressure to quickly cremate the body. However, she resisted and preserved it for the CBI investigation, which later confirmed signs of custodial torture.
In a 2018 complaint to the CBI special court in Chandigarh, Sambasivan detailed how Zaidi attempted to coerce her into altering her statement. She testified that Zaidi repeatedly pressured her, threatening legal consequences if she did not comply.
Additionally, DSP Manoj Joshi and sub-inspector Rajinder Singh tried to cover up the incident by fabricating a story that Suraj had died in a brawl among detainees, according to the CBI. Constable Dinesh, the only eyewitness, refused to support this false narrative. Instead, he was pressured into signing a fabricated complaint under threats of suspension.
The case took a decisive turn when the CBI seized Zaidi’s phone, uncovering a video recording of Dinesh’s original statement, which had been omitted from the official investigation. This recording became crucial evidence, implicating Zaidi and the other accused.
Zaidi was arrested by CBI on 29 August, 2017.
Due to the sensitivity of the case and attempts to obstruct justice, the Supreme Court transferred the trial to Chandigarh in 2019 to ensure impartial proceedings.
In delivering the verdict, Judge Alka Malik condemned the abuse of power and trust by law enforcement officers tasked with upholding justice.
“Custodial violence is a matter of great concern and one of the worst crimes in a civilised society. It impacts the credibility of the rule of law and administration of the criminal justice system. In the instant case, an agitating mob set on fire the police station where the suspect died in custody. The abuse of police power is a matter of concern,” she said, while sentencing the convicts to life imprisonment.
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