Chandigarh, India: In a significant legal development linked to the 2017 Gudiya rape-murder investigation, the Punjab and Haryana High Court has suspended the life sentence awarded to senior IPS officer Zahur Haider Zaidi in the custodial death case connected to the probe. The court has also granted him interim bail, citing prolonged incarceration and prima facie doubts over his direct involvement.
The ruling, delivered on Tuesday, marks an important moment in one of Himachal Pradesh’s most controversial criminal cases, which had triggered nationwide outrage and led to a Central Bureau of Investigation (CBI) takeover.
What is Gudiya Custodial Death Case
The case dates back to July 2017, when a minor girl, popularly referred to as Gudiya, was found raped and murdered in the Kotkhai area of Himachal Pradesh. The brutality of the crime sparked massive public protests and intense scrutiny of the police investigation.
During the initial probe by Himachal Pradesh Police, Suraj Singh, one of the accused, died in police custody, raising serious allegations of custodial torture. The custodial death further escalated public anger, eventually leading to the transfer of the investigation to the Central Bureau of Investigation.
Gudiya Custodial Death Case: Conviction and Life Sentence of IPS Officer Zahur Haider Zaidi
Zahur Haider Zaidi, a 1994-batch IPS officer who was serving as Inspector General of Police (IGP), was heading the Special Investigation Team (SIT) probing the rape-murder case at the time.
In 2023, a trial court in Chandigarh convicted Zaidi for criminal conspiracy and other offences related to the custodial death of Suraj Singh, sentencing him to life imprisonment. The verdict was considered unprecedented, as it involved the conviction of a senior police officer in a custodial death case.
What is the High Court’s Observations in Gudiya Custodial Death Case
While hearing Zaidi’s appeal, a division bench comprising Justice Anoop Chitkara and Justice Sukhvinder Kaur noted several crucial factors:
- The IPS officer was not physically present at Kotkhai police station on the night Suraj Singh died.
- Medical evidence, including post-mortem findings conducted by All India Institute of Medical Sciences, indicated injuries consistent with custodial violence but did not conclusively link them to Zaidi’s direct actions.
- The court observed that the alleged injuries could not automatically be attributed to Zaidi in his absence from the police station.
- The bench stated that there appeared to be prima facie doubts regarding the extent of Zaidi’s culpability, warranting suspension of the sentence until the appeal is finally decided.
Gudiya Custodial Death Case: Prolonged Incarceration and Delay in Appeal Hearing
Another key factor influencing the court’s decision was the extended period of custody already undergone by the convicted officer. Zaidi has spent more than five years in jail, including remission.
The High Court also acknowledged the significant backlog of criminal appeals, noting that there was no likelihood of the appeal being heard in the near future. Under such circumstances, continued incarceration was deemed unjustified at this stage.
Gudiya Custodial Death Case: Bail Conditions and Legal Clarifications
The court ordered Zaidi’s release on bail upon furnishing a bond of ₹25,000. However, it clearly emphasized that:
- The observations made are strictly limited to the suspension of sentence.
- These findings will not influence the final adjudication of the criminal appeal on merits.
- This clarification ensures that the final outcome of the case remains open and subject to full judicial scrutiny.
