Custodial death
Since Bishnoi was in CBI custody, a judicial magistrate conducted an inquiry under Section 176 of the CrPC and gave a clean chit to the CBI team.
Rajkot police investigated the case as an “accident death” and concluded that CBI had failed to take proper care, though there was no abetment to suicide. The HC noted loopholes in the earlier inquiries and said that in cases of custodial death and violation of constitutional rights, court’s approach must be different. “If such constitutional rights are violated by any officer or any other person in police custody, in jail or otherwise, the court is required to intervene by directing the police authorities to register an FIR.”
Bishnoi’s family then complained to police and approached a judicial magistrate seeking a probe into allegations of harassment and torture leading to his death under mysterious circumstances. The family refused to accept the suicide theory, saying he could not have jumped from the window. CBI and state govt opposed the plea, but Justice M K Thakker held that the inquiry into the accidental death and judicial inquiry were insufficient and could not substitute a full-fledged police investigation when the allegations disclosed a cognisable offence.
On March 24, 2023, the anti-corruption branch of CBI laid a trap at Bishnoi’s office and allegedly caught him red-handed accepting a bribe, following which it registered an FIR under the Prevention of Corruption Act.
Since an earlier inquiry had been conducted by an SIT under an ACP, HC said, “The investigation shall be carried out under the supervision of DIG, CID Crime, who shall ensure that the investigation is conducted in accordance with law and with due promptitude. Ahmedabad: Gujarat High Court has ordered registration of an FIR against unknown persons in connection with the custodial death of Rajkot’s joint director general of foreign trade (DGFT), Jawri Mal Bishnoi, who allegedly jumped from the fourth floor during a CBI raid. The court has entrusted the investigation to the DIG, CID (Crime). Another CBI team raided his residence, and the post-trap procedure continued until the next morning, when the officials received news of Bishnoi’s death.
For the aforesaid purpose, an appropriate report shall be concluded within a period of three months from today, and the said report shall also be forwarded to the registry of this court for being placed before this court for perusal. ”