SC slams 'slack investigation' in Manchada murder case, gives Haryana police 'one more chance' to rectify errors

The SC condemned the “slack investigation” and questioned why the DCP spared suspension action against police, forensic officials for botching up the probe.

The Supreme Court on Monday said it was giving the Haryana Police “one more opportunity” as it came down heavily on the force for a “slack investigation” in the murder of Delhi-based HR professional Yuvraj Manchanda.

The court came down heavily on Haryana Police for a “slack investigation” in the murder (HT PHOTO)

Manchanda was killed by a former colleague and partner in Gurugram on September 6. His body was recovered from a drain in the city on September 10, and despite a missing persons entry on an interstate portal, was subsequently cremated by officials at the Badshahpur police station. His post-mortem was also noted to be missing information that would be crucial to developing a full picture of his death.

On Monday, pulling up Haryana Police, the bench of justices Ahsanuddin Amanullah and R Mahadevan said, “Why was the Gurugram police so slack. We find there is not one but continuous lapses by the police and that too of a metropolitan city like Gurugram.”

It also questioned why deputy commissioner of police (DCP) Hitesh Yadav had spared suspension action against police and forensic officials for botching up the probe after the state informed the court that disciplinary action is pending against the Badshahpur station house officer and control room operator along with two doctors who conducted the forensic probe and post-mortem, while the investigating officer had been suspended.

“Why this partiality?” the court remarked, “This is just an eyewash. To save the SHO, the IO is suspended. Everywhere, this casualness. We wonder who is there for the common man to do policing.”

The court was informed that DCP Yadav was then the jurisdictional head of the district police and, recently, had been shifted to the traffic department, while a new officer came in his position.

Granting four weeks time for the state to rectify its errors, the court asked the state government to cooperate with the Delhi Police conducting the probe and conclude departmental action against the three officials.

“We give you one more opportunity. Ensure strict action in this case. We put to notice the chief secretary and DGP that strict action is taken against all concerned so that such conduct is not repeated in future.”

The court had on September 22 taken cognisance of the Manchanda murder case while hearing a suo motu case relating to missing persons and for a uniform protocol to track down such persons. It had directed the commissioners of both Delhi and Gurugram police to file separate affidavits explaining the lapses in the case.

On Monday, the court learnt that the particulars of the unclaimed body were not uploaded onto the Crime and Criminal Tracking Network and Systems or any such central crime tracking portal and Manchanda was cremated with his personal belongings.

“We want to send a strong signal so that the system falls in place. How was he taken to the cremation ground with his kada (metal bracelet) and watch. This is something very serious,” the bench said.

The Delhi Police informed the court that it has received a burnt kada and watch from the Haryana police and the cremation of the dead body had led to serious gaps in evidence gathering.

On September 16, the police apprehended Manchanda’s former colleague Anya Vatsa and her friend Sanyam Sachdeva, recovered the gun used in the killing, and other vital digital evidence from their possession. Even the residue of gunshot was recovered from their car used by the accused to dump the body.

However, the court was shown the post-mortem conducted by Haryana Police had failed to note the gun wounds and declared the “cause of murder” to be death due to drowning.

As the state agreed to the court that action will be taken against all responsible persons for the lapses, the court refrained from passing any order against the DCP and directed the state police to file a fresh status report by December 1. The order directed the Delhi Police to carry out further investigation and asked Haryana police to extend full cooperation.

“We are giving you one more opportunity,” the bench told Haryana. “We will judge you by the promptness of your action. Police officers are governed by the Constitution if the system has to work. Make a difference in people’s lives and be more humane,” the court observed.

Manchanda’s sister intervened in the matter to point out that unclaimed bodies are cremated one on top of the other, another reason why the evidence gets lost. As the court had constituted a committee headed by former Delhi High Court judge and senior advocate Mukta Gupta to prepare standard operating procedure (SOP) on tracking missing persons, the bench directed it to also frame SOP on disposal of unclaimed bodies. It suggested that the police may even employ the service of voluntary organisations who can provide a dignified cremation to such bodies.