Petition filed in Gujarat High Court seeking CBI/SIT probe in alleged tampering of FIR in Dalit girl rape case

By A Representative

Valjibhai Hiralal Patel, an 87-year-old social worker and Secretary of the Council for Social Justice, has approached the Gujarat High Court seeking a fresh investigation by the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT) into an alleged police conspiracy to tamper with evidence in a 2011 rape case involving a Dalit minor girl.

Patel filed a Special Criminal Application challenging the October 2024 order of the Special Judge (Atrocity) & 5th Additional Sessions Judge, Panchmahals, Godhra, which rejected his application for further investigation under Section 173(8) of the Criminal Procedure Code.

The Allegations

The case stems from a 2011 incident in which an 11-member gang allegedly held hostage and repeatedly raped a young girl from Boidia village in Santrampur taluka. According to Patel’s petition, while the victim attempted to lodge an FIR at the Santrampur Police Station, police officials, in collusion with others, manipulated and destroyed the original complaint records.

The petition claims that PSI Avddan Gadhvi and ASI Arjunsinh Kohyabhai tore pages from the police station diary and FIRs that named three accused. They allegedly registered a revised complaint excluding the names of key accused and adding new ones. Despite a departmental inquiry finding both officers guilty, they were only subjected to minor penalties — a Rs. 3,000 fine and a transfer.

Role of Senior Police Officers Patel alleges that senior officers, including then SP of Panchmahals Sachin Badshah and SP of Dahod Mayanksinh Chavda, failed to initiate criminal proceedings and instead opted for internal inquiries, effectively shielding the guilty officers.

The Gujarat State Human Rights Commission (SHRC) later ordered the registration of an FIR against the police officials for destroying evidence. Subsequently, an FIR was filed in 2014 under sections of the Indian Penal Code related to tampering with evidence, as well as under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The High Court Petition

Patel’s current plea requests the quashing of the lower court’s rejection of his application for further investigation. He argues that there has been a deliberate attempt by senior police officials to protect the accused by giving them disproportionately lenient punishments and failing to conduct a thorough investigation.

The petition also contends that the offenses in question are serious crimes against justice and Dalit rights, warranting a probe by an independent agency like the CBI or SIT to ensure impartiality.

Patel’s advocate, M.S. Kazi, argued in the petition that "criminal machinery can be put in motion by any citizen" and that Patel has consistently pursued justice in this case, including making multiple representations to the SHRC and higher police authorities.

The case highlights ongoing concerns about police accountability in cases involving marginalized communities and the alleged misuse of power by authorities to subvert justice.

The Gujarat High Court is expected to hear the matter in the coming weeks.

Comments

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak* The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Beyond the rhetoric: Gujarat’s 2047 promise and its hidden faultlines

By Rajiv Shah A few days ago, I met a veteran Gujarat-based economist, the author of several books offering a critical evaluation of the state’s economy, poverty, and gender discrimination . Also present was a retired Gujarat-cadre bureaucrat with an economics background, known for his popularity in the cities and districts where he served during his heyday.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Search This Blog