Supreme Court Orders Inquiry Into Custodial Death Of Man Accused In Multiple Cow Slaughter Cases

The Supreme court today has directed that an FIR be registered to investigate into the custodial death of one Zahiruddin Shaikh, accused in multiple cases of cow slaughter, who was allegedly tortured in custody in Ahmedabad.

A CJI Surya Kant led bench said today that a prima facie case for registration of FIR without naming any suspect at this stage was made out as it heard an SLP filed by Tofik Shaikh, son of 70-year-old Zahiruddin Shaikh. Shaikh approached the Supreme Court against Gujarat High Court's dismissal of his petition seeking registration of an FIR in the alleged custodial death.

"FIR under provisions of S.302 and 306 BNS shall be investigated by an SIT comprising of police officers in the rank of DCP along with two more officers to be nominated by DGP, Gujarat. SIT is directed to file final report before jurisdictional magistrate preferably in 3 months. If petitioner is dissatisfied, he shall be at liberty to submit protest petition and seek further investigation," the bench also comprising Justices Bagchi and Mohana has ordered.

Additional Solicitor SV Raju, appearing for the state of Gujarat told the bench today that a Magistrate enquiry was going on. "Post-mortem was done by 5 doctors. No injury found." he added.

"Unnatural death in police custody...preliminary enquiry required. If there is any material, FIR has to be registered. Mr. Raju says Magistrate enquiry going on. Dying declaration only mentions he was assaulted," Justice Bagchi observed today.

On May 18, 2026 Jairuddin Gyasuddin Shaikh was arrested in connection with the offences punishable under the provisions of the Bharatiya Nyaya Sanhita (BNS), the Gujarat Animal Preservation Act, 1954 and the Prevention of Cruelty to Animals Act, 1960.

Allegedly, Shaikh had taken some diabetes medication and was taken to Sola Civil Hospital, Ahmedabad for medical treatment. He was later admitted to Sardar Vallabhbhai Patel Institute of Medical Sciences and Research (SVP Hospital), Ahmedabad, where medico-legal case papers came to be prepared and after administration of treatment and conducting certain medical tests, Shaikh collapsed and was declared dead by the attending doctors at SVP Hospital. A postmortem examination was conducted by a panel of five doctors from the Department of Forensic Medicine, B.J. Medical College, Ahmedabad, on 20 May 2026.

On 21 May 2026, Shaikh's son filed a writ petition under Article 226 seeking directions to register an FIR and for an independent investigation.

Justice D.N. Ray of the Gujarat High Court held that despite the gravity of custodial death allegations, the petitioners were required to first exhaust the sequential statutory remedies available under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — specifically approaching the Magistrate under Section 175(3) — before invoking the extraordinary writ jurisdiction of the High Court.

The petitioner before the High Court had contended that the medico-legal case papers recorded that the incident had occurred at Vejalpur Police Station and contained an endorsement stating “Ask for Postmortem”, which he argued disclosed a cognizable offence requiring mandatory FIR registration. Despite this, high court was told no FIR was registered against any police official. The petitioner also alleged that substantial pressure was exerted upon the family to arrive at a settlement. 

Case Title: TOFIK SHAIKH Vs STATE OF GUJARAT

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: July 23, 2026