The Gujarat High Court has directed registration of an FIR against an unknown person in connection with the custodial death of Jawri Mal Bishnoi, a Joint Director General of Foreign Trade posted at Rajkot. The Court also ordered that the investigation be conducted independently under the supervision of the DIG, CID Crime.
Justice M. K. Thakker passed the order on September 28, 2026, while deciding a petition filed by Suman Bishnoi challenging the failure of the police to register an FIR despite allegations concerning the death in custody.
Background
Jawri Mal Bishnoi had been arrested by the CBI, ACB, on March 24, 2023, in a corruption case after a trap operation. The CBI alleged that he had accepted ₹5 lakh from a complainant. He was subsequently kept at his office premises during the post-trap proceedings.
The next morning, Bishnoi fell from the window of his fourth-floor office and was taken to Civil Hospital, where he was declared dead. The local police initially registered an accidental death case and conducted an inquiry. A judicial inquiry and an SIT investigation were also carried out. The inquiries did not find involvement of the CBI officers in causing his death.
However, the petitioner alleged that several circumstances surrounding the custody and death required a proper criminal investigation. The Court noted that the post-mortem report recorded eleven injuries and that questions also remained regarding the deceased being kept at the office instead of being produced before a Magistrate after his arrest.
The High Court held that an inquiry into the cause of death cannot replace a police investigation where the material discloses a cognizable offence, meaning an offence for which the police can investigate without a prior court order.
The Court observed:
“The inquiry conducted by the Judicial Magistrate cannot operate as a bar against the police conducting an investigation simultaneously. Such an inquiry cannot be treated as a substitute for an investigation conducted by the police in respect of the commission of an offence.”
The Court further emphasized that custodial death cases require a different approach because the State has a duty to protect the life and constitutional rights of a person in custody. It found that the existing inquiry had left several issues requiring investigation.
Considering the overall circumstances, Justice M. K. Thakker directed that an FIR be registered against an unknown person. The further investigation was entrusted to an independent officer or agency and placed under the supervision of the DIG, CID Crime.
The Court directed that the investigation be conducted fairly, independently and expeditiously, without influence from any individual. An appropriate report must be completed within three months and forwarded to the High Court Registry for its perusal.
The petition was accordingly disposed of.
