Top Court Raps CBI For Failing To Arrest Missing Cops In Custodial Death Case

New Delhi:

The Supreme Court on Tuesday criticized the CBI for failing to apprehend police officials accused in a Madhya Pradesh custodial death case, threatening contempt proceedings.

Justices B V Nagarathna and R Mahadevan were addressing a contempt petition filed by the mother of the 24-year-old victim, claiming non-compliance with the court's May 15 directive transferring the investigation from Madhya Pradesh Police to the CBI.

Investigators had determined that local police attempted to conceal evidence and interfere with the investigation into the death.

The court instructed the CBI to arrest the two accused officers within a month, warning the agency it would face consequences if anything happened to the victim's uncle, the sole witness currently in judicial custody.

"Your apparent helplessness seems to be a facade for protection. This cannot continue. Despite an explicit Supreme Court order, you've failed to act. You claim helplessness while they remain fugitives despite proclamations against them. Please don't plead inability," Justice Nagarathna told the CBI's representative.

The bench emphasized that no harm should come to Gangaram Pardhi, uncle of victim Deva Pardhi, stating they would not tolerate another custodial death.

"This will be treated with utmost seriousness. Please communicate this to the prison officials responsible for his custody," the bench stated.

The justices questioned the CBI regarding its inability to capture the two officers, Sanjiv Singh Mawai and Uttam Singh Kushwaha, who have evaded authorities since April.

CBI counsel explained that non-bailable warrants were issued for the fugitive officers, who had been declared proclaimed offenders, and applications filed for property attachment.

Noting the officers had been fugitives even before the CBI's involvement, the counsel mentioned that despite raids and digital surveillance, they remained at large.

Describing these submissions as "very unfortunate," the bench told counsel, "You clearly know their whereabouts. You are actually shielding them." Justice Nagarathna observed that the CBI routinely makes swift arrests in other cases but seemed unable to apprehend its own.

The bench warned it would consider contempt charges against the state's chief secretary, the CBI director, and the investigating officer.

Nevertheless, the Supreme Court directed the CBI to submit a detailed status report on the investigation and efforts to arrest the missing accused.

The case was scheduled for September 25.

Justice Mahadevan added, "Also inform jail authorities that nothing should happen to the eyewitness, not even a scratch." The victim had been detained in a theft case alongside his uncle Gangaram, who remains in judicial custody.

Deva's mother alleged her son was subjected to torture and killed by police.

The police, however, maintained he died of cardiac arrest.