The Supreme Court Tuesday pulled up the CBI for failing to arrest personnel of the Madhya Pradesh Police allegedly responsible for the July 2024 custodial death of a man picked up in connection with a theft case, and warned that it “will not spare” the investigators if anything untoward happens to the eyewitness.
“This can’t go on like this. Despite a Supreme Court order you are unable to act. Then what is the use? You are pleading helplessness. He is absconding… Please don’t plead helplessness. We will only say your helplessness feels in the garb of protection,” Justice B V Nagarathna presiding over a two-judge bench said.
The bench also comprising Justice R Mahadevan was hearing a contempt plea by the kin of the deceased Deva Pardhi, 26, who, along with his uncle Gangaram Pardhi, were detained by Guna police and allegedly tortured, leading to the death of the former.
The two were picked up on July 14, 2024, by police in connection with an FIR registered on the complaint of one Bhagwan Singh of Bhidra village at Guna district’s Myana police station against unidentified persons for theft and house trespass. Singh had alleged that articles of silver, gold jewellery and cash were stolen from the safe of his house on June 2, 2024.
While transferring the investigation in the case to the CBI, the SC had on May 15 this year directed that “the police officials found responsible for the custodial death shall be arrested forthwith and not later than a period of one month…” However, the victim’s kin alleged that the accused police personnel were yet to be arrested despite the SC order.
The CBI counsel said the agency filed a chargesheet in the case on September 15, but Justice Mahadevan asked “have you arrested the responsible officers?”
The counsel said that three officers were arrested while two are absconding. He explained that non-bailable warrants were issued against the absconding officers, who have also been declared proclaimed offenders and steps initiated to attach their property. Raids were carried out and digital surveillance mounted to nab them, but to no avail, he said.
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The counsel for the petitioners said the family of the eyewitness is being pressured to withdraw the contempt application. Police had filed as many as 10 cases against the eyewitness to intimidate and threaten him, the counsel said, adding that the main accused police officer is still free.
The CBI counsel also said that the officer is absconding and had filed a bail application through his brother.
Justice Nagarathna told the CBI that “you are saying he is absconding, so we cannot do anything. What are you doing?… Ask his brother where he is… You know where they are. You are protecting.”
The CBI counsel, however, said the two officers had been absconding even before the agency took over the case.
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At one stage, the annoyed bench cautioned that it will frame contempt charges against the Chief Secretary and CBI Director, and the Additional Superintendent responsible for the investigation.
Subsequently, it sought a report on the status of the investigation and said it might not proceed with the contempt case if arrests are made in the next two days.
The court also told the agency that no harm should come to the witness. “We will not spare you if anything untoward happens to Gangaram Pardhi and there is a second custodial event. Please inform the prison officials supervising his judicial custody. There cannot be a second custodial death otherwise we will take it seriously. Please convey it,” said Justice Nagarathna.
“You also inform the jail authorities that nothing should happen to the eyewitness, not even a scar,” Justice Mahadevan said.
The court will hear the matter next on September 25.
