The Supreme Court blasted the Madhya Pradesh government and CBI for failing to arrest two police inspectors accused in a tribal youth’s custodial death. The Bench warned of contempt if arrests are not made by October 7.
New Delhi: The Supreme Court on Friday came down heavily on the Madhya Pradesh government and the Central Bureau of Investigation (CBI) for failing to arrest two police inspectors accused in the custodial death of a 25-year-old tribal youth, Deva Pardhi.
The case has once again highlighted how action against police officers is being delayed despite repeated directions from the top court.
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A Bench of Justices BV Nagarathna and R Mahadevan made it clear that the law cannot treat police officers differently from ordinary citizens. The judges said the State’s delay and inaction looked like protection for its own men.
Justice Nagarathna remarked,
“If they were private persons they would have been arrested within 15 days. Because they are inspectors, you are finding it difficult to arrest them. That’s the point.”
The matter was heard on a contempt petition filed by the victim’s mother, who pointed out that the State had failed to follow the Supreme Court’s earlier order of May 15, which clearly directed the immediate arrest of the two accused police officers.
More than four months later, the accused remain free, prompting the family to return to the Court.
Just a day before, the same Bench had criticised the State for continuing to pay salaries to the absconding inspectors and delaying their suspension. It had also raised worries about the safety of the only eyewitness in the case—the victim’s uncle—who is currently in judicial custody.
On Friday, the State informed the Court that the accused officers had now been suspended and their salaries stopped. But the judges were not convinced.
Justice Nagarathna said,
“We want the majesty of this Court to be upheld. The State government cannot ignore the directions for arrest.”
The State government tried to argue that the accused had been absconding and even the CBI was unable to trace them. But Justice Mahadevan was not impressed.
He asked,
“From 15th April you are not able to trace him? And he filed anticipatory bail in August? We will direct the CBI chief to appear and proceed with contempt.”
Advocate Payoshi Roy, appearing for the victim’s mother, also hit out at the State’s conduct. She pointed out that in April, the State itself admitted the officers were still working.
Roy said,
“Their own standing counsel and ASG submitted a status report that these police officers were serving officers on line duty. This was their statement on 29th April. This was the apathy shown by the State. Are they trying to arrest them or are they giving them time to abscond?”
Justice Nagarathna also took note of the fact that the officers had filed anticipatory bail applications in Gwalior and Indore, even while the arrest orders were pending.
She said this showed clear protection. The judge warned the State that serious action could follow.
She observed,
“Terminate both the officers. Then they will surface. When this Court has asked to arrest, they went and asked for anticipatory bail. That itself is aggravated contempt.”
The Bench gave one last chance to the State and the CBI. They directed that by October 7, both agencies must comply with the earlier order and submit an affidavit confirming the arrests.
Justice Nagarathna warned,
“By 7th October file an affidavit that you have arrested. If you have not arrested then we will ask SN Mishra, Additional Chief Secretary, to be present before the Court. Should we call the DGP?”
The State urged that summoning the DGP was not required, but the judges made it clear that senior officials would be held accountable.
The Bench also repeated its concerns over the safety of the eyewitness, directing that he be provided medical treatment and that his family should be allowed regular contact with him.
Before closing the hearing, Justice Nagarathna once again gave a stern warning to the State. She said,
“Today you are getting away because of the ensuing vacations. We will give you time. Evading arrest means disobedience of the order of this Court. Keep this in mind.”
The case will be taken up again on October 8 if the State and the CBI fail to file compliance on October 7.
The matter arises out of the custodial death of Deva Pardhi in July 2024. He was allegedly tortured to death at Myana Police Station in Madhya Pradesh. His uncle, the only eyewitness to the torture, was also beaten up badly and then framed in multiple cases to weaken his testimony.
In May this year, the Supreme Court found that the local police investigation was tainted, transferred the case to the CBI, and ordered that the accused officers be arrested within one month. With no action taken even after four months, the victim’s family was forced to approach the Court once more.
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