The Uttarakhand High Court has ordered the formation of a Special Investigation Team (SIT) to probe the death of 22-year-old Faheem, who died of a gunshot wound during the Banbhoolpura riots in Haldwani on February 8, 2024. The court also directed the transfer of Investigating Officer Neeraj Bhakuni out of the district, citing a “shoddy” and highly irregular investigation into the case.
The directions were issued on June 18 by a division bench comprising Chief Justice Ramesh Chandra Guhanathan Narendar and Justice Alok Kumar Mehra while hearing a Public Interest Litigation (PIL) filed by Faheem’s brother, Parvez. The PIL sought a CBI probe, alleging that no meaningful investigation had been carried out despite judicial orders.
The petitioner contended that the Chief Judicial Magistrate (CJM) of Nainital had, on May 6, directed the police to register a case against unknown persons and submit an investigation report. However, the police failed to comply, did not register any FIR, and took no effective steps to identify Faheem’s killer. The family, citing threats and administrative inaction, also sought police protection.
The High Court, in scathing remarks, condemned the conduct of the police and the investigating officer, observing that the report filed was so deficient that “even the word ‘shocking’ falls short.” It said this might be the only case in the country where the investigating officer played the roles of “ballistic expert, defence counsel, and judge” all by himself. The officer had reportedly submitted the final report without filing an FIR and disregarded eyewitness accounts in favour of non-eyewitness testimonies.
“It is also stated to be the only case in the country where armed assailants were seen by eyewitnesses, yet the statements of non-eyewitnesses were relied upon to file a closure report,” the court noted.
Taking serious note of the deficiencies in the probe, the bench ordered the constitution of an SIT and said it would monitor the progress of the investigation closely to ensure justice for the victim and his family.
Faheem’s death had occurred in the aftermath of violent clashes in Banbhoolpura, during which several people were injured and public property was damaged. However, the PIL clarified that Faheem was not killed in the rioting itself but was shot by unidentified individuals.
The court’s intervention is seen as a critical move toward accountability and restoring public confidence in the justice system, particularly in cases involving custodial violence or negligence by authorities.
