The Supreme Court sharply criticized the CBI for not arresting two Madhya Pradesh police officers accused in the custodial death of a 24-year-old. The court warned of contempt action and ordered the agency to take swift action to protect the eyewitness.
New Delhi: The Supreme Court on Tuesday strongly criticized the Central Bureau of Investigation (CBI) for not arresting two Madhya Pradesh police officers accused in the custodial death of a 24-year-old man, warning the agency of potential contempt action.
The court expressed deep concern over the delay in enforcing its May 15 order, which had transferred the investigation from the Madhya Pradesh Police to the CBI.
A bench comprising Justices B V Nagarathna and R Mahadevan was hearing a contempt plea filed by the mother of the victim, alleging that the CBI had failed to act despite the Supreme Court’s express directions.
The victim, Deva Pardhi, was held along with his uncle Gangaram Pardhi in a theft case. Deva’s mother claimed that her son was tortured and killed by the police, while the local authorities alleged he had died of a heart attack.
The bench noted that the local police had attempted to cover up the case and influence the investigation.
The Supreme Court instructed the CBI to arrest the two accused officers, Sanjiv Singh Mawai and Uttam Singh Kushwaha, within a month.
The bench also cautioned the agency, stressing that it will not tolerate any harm coming to Gangaram Pardhi, the sole eyewitness who is currently in judicial custody.
Justice Nagarathna addressed the CBI counsel sharply:
“We will only say your helplessness appears to be the garb of protection. This can’t go on like this. Despite a Supreme Court express order you are unable to act…You are pleading helplessness. They are absconding, proclamation is there and yet you can’t trace and arrest them. Please don’t plead helplessness.”
The bench reiterated the importance of protecting the eyewitness, stating:
“It will be viewed very seriously. Please convey this message to the prison officials under whose custody he is.”
Justice Mahadevan added,
“You also inform the jail authorities that nothing should happen to the eye witness, not even a scar.”
The bench also questioned the CBI about its inability to arrest the two officers who have been absconding since April. The CBI counsel stated that non-bailable warrants had been issued, the officers were declared proclaimed offenders, and applications for attachment of their property had been filed.
The counsel further said that raids and digital surveillance were conducted, but the accused remained on the run even before the CBI took over the investigation.
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The bench, however, described the submission as “very unfortunate” and accused the agency of shielding the absconding officers:
“You very well know where they are. You are actually protecting them.”
Justice Nagarathna emphasized the contrast in the CBI’s response in other cases:
“CBI arrested accused within minutes in other cases but was unable to make arrests when it came to its own.”
The Supreme Court also warned that contempt proceedings could be initiated against the chief secretary of the state, the CBI director, and the officer responsible for the investigation if no action is taken promptly.
The top court directed the CBI to file a detailed status report on the investigation so far and the steps taken to apprehend the absconding officers. The matter has been listed for further hearing on September 25.
This stern observation by the apex court highlights serious concerns about accountability and the timely enforcement of justice in custodial death cases, emphasizing the protection of witnesses and strict action against law enforcement officials involved in criminal acts.
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