A Division Bench led by Justices Vikram Nath and PB Varale issued this order in response to a petition filed by Ranjana Diwan’s mother and brother. They had expressed concerns over the circumstances surrounding her death in 2016, which occurred about two years after her marriage.
NEW DELHI: On September 6, 2024, the Supreme Court directed the Central Bureau of Investigation (CBI) to probe the death of Ranjana Diwan, the wife of a senior judicial officer.
A Division Bench led by Justices Vikram Nath and PB Varale issued this order in response to a petition filed by Ranjana Diwan’s mother and brother. They had expressed concerns over the circumstances surrounding her death in 2016, which occurred about two years after her marriage.
Given that her husband is a judicial officer, they requested an impartial investigation by the CBI into her alleged suicide.
The Supreme Court granted their request after reviewing the case details.
“The Court stated, ‘In this case, the complainant has alleged bias and undue influence affecting the police in Chhattisgarh. Considering the need for a comprehensive, impartial, and independent investigation to uncover the truth, especially regarding the ante mortem injuries, we believe it is necessary to issue such a direction in this matter.'”
Background
The respondent, appointed as an Additional District Judge in 2013, married the deceased in 2014. They had known each other since 2010. The deceased, an Assistant District Prosecution Officer, and the respondent were both posted in Dantewada. In 2016, the appellants (the deceased’s mother and brother) were notified by phone late at night that the deceased had committed suicide. They immediately traveled from Bilaspur to Dantewada to investigate.
The appellants claimed they were not given the post-mortem report and suspected foul play in the deceased’s death, alleging that the respondent’s influence as a senior judicial officer had affected the post-mortem outcome, which concluded suicide by hanging. The post-mortem report noted six ante-mortem injuries on the deceased.
The police had classified the case as a suicide and filed a closure report. Seeking a thorough investigation, the petitioners filed a writ petition with the Chhattisgarh High Court. In May 2023, the High Court dismissed the petition but allowed the petitioners the option to file a complaint before the Magistrate under Section 156(3) of the CrPC.
The Supreme Court ruled,
“We accordingly allow this appeal, set aside the impugned order passed by the High Court and further direct the CBI-respondent no. 8 to carry out a complete and fair investigation and proceed in accordance with the law into the incident, and that too expeditiously considering the fact that the incident is of 2016 and submit a report to this Court.”
The Court specified that if the CBI deems it necessary to file an FIR, it should proceed with that action and ensure the complaint is resolved appropriately. Conversely, if the CBI finds insufficient evidence to support a chargesheet, it may close the investigation.
Before the Supreme Court, the petitioners expressed concerns that the investigation could be compromised due to the influence of respondent no. 7, a serving judicial officer. They also pointed out that the post-mortem report mentioned six antemortem injuries without explanation. The State of Chhattisgarh asserted that a fair investigation had been conducted at the highest level.
The Chhattisgarh State contended that a thorough investigation had been conducted, and the family’s concerns were unwarranted.
Solicitor General Tushar Mehta recommended appointing a high-level Special Investigation Team or directing the CBI to handle the case to ensure credibility and public confidence.
Considering all factors, the Supreme Court directed the CBI to investigate the circumstances surrounding Ranjana Diwan’s death.
