High Court Suspends Life Sentence of IPS Officer in Kotkhai Case: What’s Next for His Career?

Significant Legal Relief for Zahoor Haider Zaidi

Sunil Chadha
Shimla/Chandigarh: The Punjab and Haryana High Court has provided substantial relief to former IPS officer Zahoor Haider Zaidi, who was previously sentenced to life imprisonment in the notorious Kotkhai Gudiya rape-murder case, by suspending his sentence.

While this ruling offers immediate legal reprieve for Zaidi, a pressing question now arises in both public and legal discussions: will he be able to return to his former position? This topic is generating considerable debate, with legal analysts warning that the path forward remains complex and uncertain.

Zaidi, who once served as the Inspector General of Police in Himachal Pradesh, received a life sentence earlier this year from a special CBI court in Chandigarh related to the custodial death of Suraj, an accused in the 2017 Kotkhai gangrape and murder of a minor girl, referred to as Gudiya by locals.

In addition to Zaidi, seven other police officials were found guilty, while the then Superintendent of Police, DW Negi, was acquitted due to insufficient evidence.

High Court Challenges Prosecution's Key Argument

The high court, while suspending Zaidi’s sentence pending his criminal appeal, remarked that the CBI's primary assertion—that Suraj was tortured to elicit a confession leading to his death—did not seem convincing at first glance. The court expressed skepticism over the rationale that an accused would be killed to secure a confession.

Importantly, the court acknowledged that Zaidi was on leave during the incident and was neither on duty nor present at the police station when the custodial death occurred. These considerations significantly influenced the decision to grant him interim relief.

The CBI court had issued the life sentence on January 27 of this year. Following this, Zaidi appealed to the high court, seeking suspension of his sentence until his appeal was resolved. The high court reserved its decision on December 9 and has now granted his request.

Future Employment Prospects for Zaidi

Although the suspension of his sentence has sparked speculation regarding Zaidi’s potential return to service, legal experts largely agree that reinstatement is not guaranteed. Senior attorneys emphasize that a suspended sentence does not equate to an acquittal.

“From a service law perspective, Zaidi will need to remain patient. As long as the conviction is in place, even with a suspended sentence, the government is not obligated to reinstate him,” explained a senior lawyer knowledgeable in service law. Another expert pointed out that any reinstatement would hinge on the final outcome of the criminal appeal or a separate departmental review by the appropriate authority.

Experts also highlighted that cases involving custodial deaths carry serious ramifications, prompting governments to proceed cautiously, especially when the matter is still under judicial consideration.

The Kotkhai Case: A National Outcry

The Kotkhai incident dates back to 2017, when the gangrape and murder of a schoolgirl in Himachal Pradesh shocked the nation. The investigation took a dramatic turn when Suraj, one of the accused, died under dubious circumstances while in police custody. Allegations of custodial torture led to the case being transferred to the CBI.

Based on the CBI's charges, the special court convicted Zaidi and seven other police personnel for their roles in the custodial death. This verdict ignited intense discussions regarding police accountability and the issue of custodial violence.