3 min readVadodaraMay 28, 2026 12:48 AM IST
Hearing the alleged custodial death of an elderly man, the Gujarat High Court on Wednesday reserved its judgment till Friday. Zahiruddin alias Dabbo Gyasuddin Shaikh, 70, was arrested by Ahmedabad police in connection with an alleged cow slaughter case.
Justice DN Ray reserved the orders after hearing submissions in a petition filed by Shaikh’s son, Tofik, seeking directions for registration of an FIR over his father’s death in police custody as well as the submissions of the state on Wednesday. The court directed parties to file written submissions not exceeding three pages and posted the matter for pronouncement on May 29.
During Wednesday’s hearing, the state opposed the maintainability of the plea, arguing that the petitioner had not exhausted alternative statutory remedies available, such as approaching higher authorities in case of refusal of registration of FIRs, before approaching the high court. The state also cited the 2008 landmark judgment of the Supreme Court in Sakiri Vasu vs State of UP, which lays down the remedy for a citizen when police refuse to register an FIR.
Justice Ray orally examined the state’s objections, while also stressing the importance of implementing the Supreme Court’s landmark 2013 ruling in Lalita Kumari v. Government of Uttar Pradesh, which mandates registration of FIRs in cognisable offences and succeeds the Sakiri Vasu judgement.
Justice Ray orally remarked, “If somebody comes to you (the police) with information, you have to take it on face value and say, in this, I find no cognisable offence. You can throw it out… But if, on reading that, you find there is a cognisable offence… then (police) have to take an FIR… If no cognisable offence is made out in the information given, then the FIR need not be registered immediately. And for that, the police can conduct a sort of preliminary verification or enquiry… But if it discloses information, then there is no question of inquiry. Then you register it, and then you investigate the FIR…”
Justice Ray also orally said that the Court was “not discounting the possibility” that the contentions may emerge as “false” after investigation. “Then the option with you is to register it, investigate it and then prosecute…”
Zahiruddin was arrested on May 16 after the Vejalpur Police claimed to have recovered 520 kg of alleged cow meat and a live calf during a raid conducted on May 5. Police had arrested nine people in the case and alleged that the 70-year-old was the kingpin of the illegal cow slaughter operation. The matter had earlier drawn sharp scrutiny from the High Court on Monday when the bench questioned the Ahmedabad Police over their refusal to register an FIR in the alleged custodial death case.
The judgment will be pronounced on Friday.
