Custodial death: SC raps CBI for failing to arrest absconding MP cops

New Delhi, Sep 23 (PTI) The Supreme Court on Tuesday chided the CBI for not arresting absconding police officials accused of a youth's custodial death in Madhya Pradesh and warned of contempt action.

A bench of Justices B V Nagarathna and R Mahadevan was hearing a contempt plea of the mother of the 24-year-old victim alleging non-compliance of top court's May 15 order, transferring the investigation from Madhya Pradesh Police to the CBI.

The local police was observed to have attempted a cover up besides influencing the probe into his death.

The bench directed the CBI to arrest the two accused policemen within a month while cautioning the agency that it won't be spared if anything happened to the victim's uncle who was the sole eyewitness in the case and currently in judicial custody.

"We will only say your helplessness appears to be the garb of protection. This can't go on like this. Despite a Supreme Court express order you are unable to act…You are pleading helplessness. They are absconding, proclamation is there and yet you can't trace and arrest them. Please don't plead helplessness," Justice Nagarathna told the CBI counsel.

The bench pointed out that nothing should happen to Gangaram Pardhi, uncle of the victim Deva Pardhi saying it does not want a second custodial death.

"It will be viewed very seriously. Please convey this message to the prison officials under whose custody he is," the bench said.

The bench questioned the CBI over its inability to arrest the two officers, Sanjiv Singh Mawai and Uttam Singh Kushwaha, who have been absconding since April.

The CBI counsel said non-bailable warrants were issued against the absconding police officers and they have been declared proclaimed offenders and applications have been filed for attachment of their property.

Pointing out that the two officers had been absconding even before the CBI took over the investigation, the counsel said raids and digital surveillance were conducted, but the officers were still on the run.

The bench which termed the submission as "very unfortunate" told the counsel, "You very well know where they are. You are actually protecting them." Justice Nagarathna said the CBI arrested accused within minutes in other cases but was unable to make arrests when it came to its own.

The bench warned to frame contempt charges against the chief secretary of the state, the CBI director, and the officer responsible for the investigation.

The top court, however, directed the CBI to file a detailed status report on the investigation so far and steps taken to arrest the absconding accused.

The matter was posted for September 25.

Justice Mahadevan weighed in, “You also inform the jail authorities that nothing should happen to the eye witness, not even a scar.” The victim was held in a theft case along with his uncle Gangaram, who is in judicial custody.

Deva's mother alleged that her son was tortured and killed by the police.

The police, on the contrary, claimed he died of a heart attack. PTI MNL MNL AMK AMK