SC pulls up CBI over delayed arrest in MP custodial death case

The Supreme Court criticized the CBI for delaying the arrest of two police inspectors linked to a custodial death, demanding explanations for non-compliance.

The Supreme Court on Wednesday pulled up the Central Bureau of Investigation (CBI) for taking more than four months to arrest two Madhya Pradesh police inspectors involved in the alleged custodial death of a 24-year-old man and sought an explanation from the agency over delay in complying with the court’s arrest order on May 15.

Supreme Court (ANI)

A bench of justices BV Nagarathna and R Mahadevan, while dealing with a contempt petition filed by the victim’s mother questioning the inaction of the Madhya Pradesh government and CBI, remarked that had it not been for this petition and the strong remarks made by the court last month threatening to summon the chief secretary and frame contempt charges, the arrests would have been further delayed.

Refusing to close the contempt petition, the bench directed the state government to file an explanation. “This is not how Supreme Court orders are to be treated. Our order was passed in May and just because we required the Chief Secretary to remain present and proceed with framing of charges of contempt, you have acted,” the court reminded the state. “We will not close this contempt. First you must explain your action. What happened all these days since we passed the order on May 15.Do you require so much prodding to comply with our order?”

Last month, the top court gave an ultimatum to the state to comply with its order by October 7 and threatened to summon the chief secretary if the accused police officers were not arrested.

Additional solicitor general (ASG) Rajkumar Bhaskar Thakare, appearing for CBI, told the court that the order has been complied with following the arrest of the two policemen. Thakare said that police inspector Uttam Singh Kushwaha was arrested from Indore on September 27 and inspector Sanjiv Singh Mawai was taken into custody from Shivpuri on October 5.

The two police officers were on the run since April and the state had on earlier occasions claimed that they had not reported for work. After the court accused the state of shielding the officers and decided to proceed with contempt proceedings, the state suspended the officers on October 1.

The court, however, said, “Why were you not able to trace these two policemen? The state knew their location all throughout but it did not pass any information.”

It added, “We find that the arrest has been made pursuant to stringent and strong remarks made by this court. Fact remains that there is non-compliance of this court’s direction of May 15 and it is pursuant to filing of the contempt petition and observations made by this court that the arrest of the two policemen has taken place.”

The court directed both CBI and state to file a comprehensive explanation on the “lapses” in arresting the two policemen and the delay in implementing the court’s order. It further asked the was to give status of the departmental proceedings initiated against the two accused officers.

The bench posted the matter for November 6.

The petitioner, represented by advocate Payoshi Roy, told the court that the victim’s uncle who is an eyewitness of the custodial death is being lodged in Gwalior jail and has been charged in 10 frivolous criminal cases of theft. She informed that when the family approached the jail authorities to grant access to him through telephone, they were told to get permission from the Supreme Court.

The bench lashed out at the state’s approach and said, “This is the attitude that let court do everything. Why should we give permission? You (state) do so many things without the court’s direction and now for access to the prisoner, you require court’s direction.” The court told the state to ensure the request is processed.

Deva Pardhi , 24, died earlier this year while in custody after he was arrested along with his uncle in an alleged theft case. In its May 15 order, the apex court transferred the probe to CBI and ordered immediate arrest of the two accused policemen. The accused police officers had filed anticipatory bail pleas, which were rejected by the trial court and the Madhya Pradesh high court.