[Kotkhai Custodial Death Case] Supreme Court Dismisses Ex IGP Officer Zauhar Haider Zaidi’s Bail Plea

The Supreme Court today dismissed the bail plea filed by IGP Officer Zauhar Haider Zaidi who is currently behind bars in relation to a trial at Chandigarh CBI Court for the alleged custodial death of an accused in the gang rape and murder case of a minor girl at Kotkhai, Himachal Pradesh in 2017.

The Vacation bench of Justice Indira Banerjee and Justice MR Shah while dismissing the application as withdrawn took note of the fact that the accused, when released on bail had breached the bail conditions by threatening an IPS Officer.

“We're not on the merits of the case & you're breaching the bail conditions. Being the highest IPS officer, how can you give threats to other IPS officers? If you can tamper the witness who is an IPS officer, you can tamper other witnesses too,” said Justice MR Shah.

Senior Advocate VK Gupta arguing for IGP Zauhar Haider’s bail submitted that the Court had released Haider on bail in 2019 and that he was facing trial under section 201 of the Indian Penal Code, 1860.

It was also Senior Advocate Gupta’s submission that the application filed by SP Rank Officer Saumya Sambasivan, a witness before the Trial Court, was a subject matter of disciplinary proceedings which could be clarified before the enquiry officer in Shimla if Haider was allowed the travel from Chandigarh to Shimla.

Justice MR Shah upon Senior Advocate Gupta’s submission said, “Your application was dismissed on 21.05.2020, you later filed again an application which was withdrawn. Now you're filing the 3rd bail application on the same ground.”

Senior Advocate VK Gupta also submitted that the charge under section 302 of the Indian Penal Code, 1860 was not made out and that only under section 201 of the Indian Penal Code could be made out against Haider.

“My lords may have to ask me how much time would it take to examine 107 witnesses? Further 38 witnesses. Only 1 person out of 38 has been chief examined.”, Senior Advocate VK Gupta also submitted.

A minor girl on July 4, 2017 had gone missing after school hours from Haliala forest at Kotkhai and after registration of FIR at Kotkhai Police Station an SIT headed by Zaidi was formed to probe into the minor’s murder. The SIT, on July 13, arrested accused Suraj Singh, along with four others for allegedly committing the crime. Meanwhile, on the night of July 18, one of the accused Suraj Singh died in custody after allegedly being tortured by the Himachal Police SIT. On July 22, 2017, following the directions of the Himachal Pradesh High Court, the custodial death case was transferred to the CBI. The CBI booked nine policemen including Zaidi, and filed the chargesheet.

Although Haider in April 2019 was granted bail by the Supreme Court but his bail was cancelled by CBI Court in January 24, 2021, Chandigarh after a witness of CBI, SP-rank officer Soumya Sambasivan stated before the Trial Court that she was being pressured by the accused in an attempt to influence the trial, and she said, she was also being pressurised by Zaidi to change her statement and to depose in his favour.

Upon cancellation of bail Zaidi in March, during the period of Covid-19 outbreak, sought interim bail from the Chandigarh CBI Court and the High Court of Punjab and Haryana, however, both the Courts dismissed his plea, and further his regular bail plea at High Court was dismissed again.

Case Title: Zahur Haider Zaidi v. Central Bureau Of Investigation | SLP(Crl) No. 4085/2021