Institute of Legal and Management Studies

The Supreme Court recently issued notice to the State of Maharashtra and ordered the preservation of CCTV footage and medical documents in an alleged case of custodial torture of a 19-year-old boy, who died in custody whilst incarcerated at Mumbai Central Prison.

The notice on the special leave petition was issued by a bench comprising Justice MM Sundresh and Vipul M Pancholi on October 13. The SLP is filed against the September 24 order of the Bombay High Court by the mother of the deceased.

As per the plea, the petitioner, represented by Advocate Payoshi Roy, seeks urgent interim directions for the production and preservation of the CCTV footage from the Arthur Road Prison and the Kala Chowki Police Station from September 16 to September 24, and medical records and other relevant documents of the deceased.

The SLP states that the deceased boy was arrested on September 16, and at the time of arrest, he did not have any injuries. But on September 24, he was found dead in custody. It is alleged that the prison authorities not only suppressed his hospitalisation but also provided a false pretext for taking him to the hospital. A writ petition was filed before the High Court seeking an independent investigation and registration of an FIR and an interim measure to preserve the evidence. While notice was issued, the interim relief was denied against which is the present SLP.

The direction has been sought in light of the suo motu matter before the Supreme Court, in which the Court said that CCTV footage, station diary records and medical records are vital pieces of evidence in cases of custodial death. The suo motu cognisance was taken over a Dainik Bhaskar report, which stated that around 11 people have died in police custody in the last seven to eight months this year.

Case Details: JAITUNBI MOHAMMAD SALIM SHAIKH v. STATE OF MAHARASHTRA & ORS|SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 55997/2025

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