Sunil Chadha
Shimla/Chandigarh: The Punjab and Haryana High Court has granted major relief to former Himachal Pradesh-cadre IPS officer Zahoor Haider Zaidi in the high-profile Kotkhai Gudiya r*ape-m*urder custodial d*eath case by suspending his life sentence.
While the order has brought immediate legal relief to Zaidi, one question is now dominating public discourse and legal circles alike — will he be able to reclaim his job? The issue is being widely debated, with legal experts cautioning that the road ahead remains long and uncertain.
Zaidi, a former Inspector General of Police in Himachal Pradesh, was sentenced to life imprisonment earlier this year by a CBI special court in Chandigarh in connection with the custodial death of Suraj, an accused in the 2017 Kotkhai g*angrape and m*urder case of a minor schoolgirl who was given the name of Gudiya after the crime by the locals.
Along with Zaidi, seven other police officials were also convicted, while the then SP, DW Negi, was acquitted due to lack of evidence.
High court questions prosecution’s core argument
Suspending the sentence during the pendency of Zaidi’s criminal appeal, the high court observed that the CBI’s central argument — that Suraj was tortured to extract a confession, leading to his death — did not appear prima facie convincing. The court noted that it was difficult to accept the logic that an accused would be killed to obtain a confession.
Significantly, the court also took into account that Zaidi was on leave at the time of the incident and was neither posted on duty nor present at the police station concerned when the custodial d*ath occurred. These factors weighed heavily in favour of granting him interim relief.
The CBI court had pronounced the life sentence on January 27 this year. Zaidi subsequently challenged the verdict before the high court and sought suspension of sentence until the final disposal of his appeal. The high court had reserved its order on December 9 and has now allowed the plea.
Will Zaidi get back into service? Legal experts weigh in
While the suspension of sentence has raised speculation about Zaidi’s future in service, legal experts are largely unanimous that reinstatement is far from automatic. Senior advocates point out that suspension of sentence does not amount to acquittal.
“From a service law perspective, Zaidi will have to wait and watch. As long as the conviction stands, even if the sentence is suspended, the government is under no obligation to reinstate him,” said a senior lawyer familiar with service jurisprudence. Another expert noted that reinstatement, if at all, would depend on the final outcome of the criminal appeal or a separate departmental review by the competent authority.
Experts also underlined that cases involving custodial death carry serious implications, and governments usually adopt a cautious approach, especially when the matter is still sub judice.
Case that shook Himachal
The Kotkhai case dates back to 2017, when the gangrape and murder of a schoolgirl in Himachal Pradesh sent shockwaves across the country. The investigation took a dramatic turn after Suraj, one of the accused, died under suspicious circumstances in police custody. Allegations of custodial torture led to the case being handed over to the CBI.
Based on the CBI’s chargesheet, the special court convicted Zaidi and seven other police personnel, holding them guilty of the custodial death. The verdict had sparked intense debate over police accountability and custodial violence.
