Custodial death: SC raps MP govt, CBI for delay in suspension of absconding MP policemen

New Delhi, Sep 25 (PTI) The Supreme Court on Thursday slammed the Madhya Pradesh government and the CBI for the delay in suspending absconding police officials accused in a custodial death case and warned of contempt action.

A bench of Justices B V Nagarathna and R Mahadevan said the police officials have been absconding since April but have not been suspended.

The top court was hearing a contempt plea of the mother of the 24-year-old victim alleging non-compliance of the 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 counsel for the CBI informed the apex court that the two officers were suspended on Wednesday.

"Why yesterday? You say they are absconding since April. This means you are protecting them. Now this is really contempt.

"You have been searching for them since April why you haven't suspended them? What is the meaning of this? All your efforts are eyewash," the bench remarked.

The CBI lawyer submitted that efforts have been made to trace the financial transactions of the police officials and even their vehicles were being tracked on highway tolls.

He said the social media accounts have been scrutinised and a cash reward has also been announced but no fruitful result has emerged.

The bench asked the CBI lawyer about anticipatory bail hearing of the police officials.

"Have you gone and spoken to the advocate who appeared for him? Wasn't the state involved in the anticipatory bail? What did the government pleader advise? They could have arrested him.

"This is contempt of Supreme Court order by the state of Madhya Pradesh. Officers are not coming on duty for so many months and you keep silent? the bench said.

The top court said the status report by the CBI is not satisfactory and asked the respondents to appear before it tomorrow.

"There was no such order that only CBI can arrest. If an officer of your government is involved you cannot wash your hands of it," the bench told the lawyer appearing for the state government.

The apex court posted the matter for hearing on Friday and asked the counsel appearing for the state government and the home secretary to come with an explanation.

On Tuesday, the bench had chided the CBI for not arresting the absconding police officials.

It had 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 had told the CBI counsel.

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

The bench had 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 had 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 had said raids and digital surveillance were conducted, but the officers were still on the run.

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 PKS DV DV