Ahmedabad: It took 50 years for former DGP S S Khandvawala to get exonerated from a custodial torture case. He remained convicted in the case for 23 years, but since the conviction was suspended, he got the promotion to the top position in the state police department in 2009 and retired a year after following a three-month extension in service.In this case, the police arrested Merag Haja from Sutrej village of Junagadh district in Oct 1976 after Porbandar municipal president Dhanji Kotiyawala was murdered. In Nov 1976, Haja filed a criminal complaint with judicial magistrate first class (JMFC) alleging kidnapping, illegal detention at Porbandar police station, and custodial torture that resulted in a fracture in his leg. Following a magisterial inquiry, which was also halted once, the JMFC took cognisance of the case and a trial began in 1982 against the 1973-batch IPS officer Khandvawala, who was an ASP in Junagadh district, and his three subordinates.Twenty-one years later, in 2003, a Junagadh sessions court convicted Khandvawala to five-year imprisonment, and two others to one year in jail. One officer died by then and the trial against him was abated. The high court was moved, with Khandvawala and his two subordinates challenging their conviction through advocate Nandish Thackar, and the state govt seeking enhancement of their punishment. Complainant Haja also filed a revision application to increase the punishment, but his application was disposed of in view of the state govt’s appeal. During the pendency of the appeals, Khandvawala’s two other subordinates also passed away.After hearing the appeals, Justice Gita Gopi acquitted the former DGP and dismissed the state govt’s appeal to increase his punishment. The HC said, “The prosecution failed to prove the case of police custodial torture of the complainant. The injuries are not proved as due to police custody beating. Even the date of custody is not proved. The complainant failed to invoke his right to make a complaint of injuries by police as an accused when he was arrested and produced before the magistrate in a case under the Arms Act.“The HC further stated, “The learned trial court judge failed to analyse the evidence as per the sections of the Arms Act, Criminal Manual and CrPC in the matter. The judgment, thus, becomes erroneous and fails on merits and is required to be set aside. Since there is no case for conviction, there would be no ground for the plea of enhancement of the sentence.”The HC also permitted Khandvawala to recover Rs 10,000 from Haja for dragging him to the higher court by filing a revision application.
