Supreme Court criticizes CBI for inaction on custodial death case and warns of contempt proceedings.
The Supreme Court has directed the Central Bureau of Investigation (CBI) to arrest two Madhya Pradesh Police officers within two days in connection with the alleged custodial death of an Adivasi man. This directive comes after the court expressed dissatisfaction with the CBI’s lack of action despite previous orders issued in May. Justices BV Nagarathna and R Mahadevan criticized the agency for its failure to follow through on the court’s earlier instructions.
The case revolves around Deva Pardhi, a 25-year-old man who was arrested alongside his uncle, Gangaram Pardhi, on theft charges just before Deva’s wedding scheduled for July 2024. That same night, Deva’s family was informed of his death, with police attributing it to a heart attack. However, the family disputed this claim, alleging that both men were subjected to torture while in custody.
Initially, the Supreme Court transferred the investigation to the CBI on May 15, after determining that the Madhya Pradesh Police was not conducting the inquiry in a fair and transparent manner. The court had specified that if the police officers were found responsible for Deva’s death, they should be arrested within a month. However, the court has now been prompted to address a contempt petition filed by Deva’s mother, claiming that the CBI has not adhered to its order.
During the hearing, the judges expressed frustration at the CBI’s rationale for inaction, which stated that the two accused officers, Sanjiv Singh Malviya and Uttam Singh Kushwaha, had been absconding since April. The court’s response highlighted a growing impatience, questioning the agency’s claims of helplessness. The judges remarked, “This can’t go on like this,” emphasizing the importance of accountability and timely action by the CBI.
Furthermore, the CBI’s counsel informed the court that non-bailable warrants had been issued for the officers, who had been declared proclaimed offenders, and that efforts were underway to attach their properties. Nevertheless, the judges noted that the CBI usually acts swiftly in other cases, leading them to suspect that the agency was not taking this matter seriously. The court underscored that the perceived inaction seemed more like protection for the accused rather than genuine efforts to seek justice.
The safety of Gangaram Pardhi, the sole eyewitness in the case, was also a focal point during the proceedings. The court warned the CBI about the potential consequences if any harm came to him, stating, “We will not spare you if anything untoward happens to Gangaram Pardhi and there is a second custodial event.” Concerns were raised that the police had filed multiple cases against Gangaram in an effort to intimidate him and keep him in custody.
Additionally, it was reported that Gangaram had faced assault after one of the accused police officers’ bail applications was denied. The court’s concerns extended to the conduct of prison officials, who were alleged to be colluding with the accused officers, further complicating the situation. The Supreme Court has instructed the CBI to submit a status report by September 25, coinciding with the next hearing in the case.
