Kotkhai custodial death: No communication found between then IGP, DSP and SP

CHANDIGARH: No communication was found between then DSP Manoj Joshi and IGP

Zahur Zaidi

and between DSP Manoj Joshi and SP

DW Negi

in intervening night of July 18-19, 2017 – when one accused Suraj died in police custody. This was stated by nodal officer, Bharti Airtel, Shimla who was recalled for cross-examination in case related to custodial death of one accused in Kotkhai rape case in Special court of CBI on Tuesday.


The defence with these statements stressed that that IGP Zahur Zaidi never gave any instructions to "expedite the extracting of confession" from accused nor he received any communication (about Suraj’s death) from senior officers as claimed in CBI chargesheet. However, CBI established that these call record details does not include whatsapp calls.

During the resumed hearing of the case on Tuesday,Davinder Verma, nodal officer, Bharti Airtel, Shimla was recalled for cross-examination whereby he brought the call details records of the then deputy superintendent of police Manoj Joshi and IGP Zahur Zaidi and SP DW Negi from July 1, 2017 to August 29, 2017 – the time when six accused in "Gudiya rape and murder case" were arrested by police and one of them named Suraj died in police custody, which was on the night of July 18.

As per the cross examination, he stated that mobile location of then DSP Manoj Joshi was in Shimla district but not in Shimla town on July 18, 201. However CBI chargesheet mentioned that "On July 18,2017, IGP Zahur Zaidi joined office after leave and held meeting of SIT officers including DSP manoj Joshi at his office at PHQ Shimla and in furtherance of the conspiracy, directed Manoj Joshi to expedite the extracting of confession of the remaining arrested accused persons. "But the cross examination of nodal officer denied mobile tower location of DSP Manoj Joshi in Shimla town. The defence established that “on July 18, 2017, while Zaidi was present inside Shimla, Joshi never visited him in Shimla on that date."

Also the nodal officer denied any communication between DSP manoj Joshi and IGP Zahur Zaidi and between DSP Manoj Joshi and SP DW Negi in intervening night of July 18-19, 2017 – when Suraj died. The defence councel asked the nodal officer if any call or sms was made from 20.00 hours to 01.37 hours between Joshi and Zaidi and between Negi and Zaidi. He stated "no" as his answer. The defence cousle asked this question to steress his point that "no communication regarding Suraj’s death was made to Zaidi by DSP Joshi and SP Negi as claimed in CBI’s chargesheet."

CBI prosector also asked nodal officer, "whether in the server of mobile companies, whatsapp calls are fed or not and whether it is possible to reflect the whatsapp call detail in call detail records….?” The answer was "No". Thought CBI prosecutor stated that communication need not be via calls or sms, one can communicate via Whatsapp calls, which are not traceable these days.

On last date of hearing the two forensic experts who had recorded their statements in case related to custodial death of one accused namely Suraj in Kotkhai rape case stood by their observations they had mentioned in comprehensive report that "there was possibility of more than one person being involved in the rape and murder of Gudia" which was first reported by TOI on November 23.