E-Paper
CBI takes over Twisha death case probe
The CBI has taken over the investigation into actor-model Twisha Sharma's death, amid claims of bias and procedural lapses in the state probe.
The Central Bureau of Investigation (CBI) on Monday took over the probe into the death of 32-year-old actor-model Twisha Sharma at her marital home in Madhya Pradesh, hours after the Supreme Court was informed that such a move was imminent, amid mounting allegations of institutional bias, procedural irregularities and possible lapses in the investigation.
The agency re-registered the dowry death case against the woman’s husband and mother-in-law under relevant sections of BNS and Dowry Prohibition Act. after taking over the case from the state police.
Earlier, a bench led by Chief Justice of India Surya Kant and comprising justices Joymalya Bagchi and Vipul M Pancholi recorded the statement by the Madhya Pradesh government that it has already written to the Centre recommending a CBI probe into the matter. Solicitor General Tushar Mehta, appearing for the state, told the bench that the Department of Personnel and Training (DoPT) notification enabling CBI to formally take over the investigation was likely to be issued during the day.
“The investigation has to be conducted fairly and dispassionately all through,” observed the bench, while requesting both sides to refrain from making public statements and urging the media not to publicise or broadcast statements of potential witnesses while the probe is underway. “We are against the narrative that is being created. That is why CBI should take over,” the bench remarked during the hearing, adding that while it had “no doubt” about the fairness of the state police, an independent agency investigating the matter would inspire greater confidence in the facts of the case.
The top court also expressed concern over the public discourse surrounding the case and the allegations that the judiciary was influencing the investigation because the deceased’s husband is a lawyer and her mother-in-law a former judicial officer.
“We are slightly pained at the developments…It is unfortunate that it is being said that the judiciary is derailing the trial,” remarked the bench.
The matter has been registered suo motu by the apex court as “In Re: Alleged institutional bias and procedural discrepancies in the unnatural death of a young girl at her matrimonial home”, based on media reports and attendant circumstances.
In its order, the bench noted that a news report published on May 18 had raised questions regarding “institutional bias and discrepancies” in the investigation, particularly because the husband of the deceased was a practising lawyer and the mother-in-law a former district judge.
“A narrative was also created that fair investigation was denied due to involvement of judiciary. That is why suo motu proceedings were initiated,” the court recorded.
The court noted that a second autopsy had already been conducted in Bhopal by a team from AIIMS Delhi pursuant to directions issued by the Madhya Pradesh high court, and that the cremation had since taken place.
“The only issue as of now survives for consideration is consent to the recommendation for CBI probe,” the bench said in its order.
During the hearing, senior advocate Sidharth Luthra, appearing for Sharma’s family, argued that the case involved concerns of “institutional bias”, alleging delay in registration of the FIR and failure to preserve evidence. “Each day evidence will get lost,” Luthra submitted.
Responding to the concerns, the bench assured the family that the top court would ensure an impartial investigation.
“We will ensure that this incident is impartially investigated. Get your statements recorded,” said the bench, while reiterating the request to the media not to turn witness accounts into “sound bites”. The bench also underscored that “fair trial has been ensured now” once CBI takes over the probe.
Sharma was found dead at her home in Bhopal’s Katara Hills area on May 12, barely five months after her marriage to advocate Samarth Singh. Her family has alleged dowry harassment, mental and physical torture, and murder, allegations denied by the accused side, which has maintained that she died by suicide.
