SC orders SIT probe into death of tribal man, grants protection to political activist from arrest

New Delhi, Dec 11 (PTI) The Supreme Court on Thursday directed the Madhya Pradesh DGP to set up a three-member SIT to investigate the death of a 27-year-old tribal man in Madhya Pradesh and granted interim protection from arrest to a political activist in connection with a criminal case registered in the matter.

On October 30, the high court's Jabalpur bench had dismissed the anticipatory bail plea of political activist Govind Singh Rajput, observing that prima facie material existed against him and that the statutory bar under Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989 applied to the case.

On Thursday, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi directed the Madhya Pradesh Director General of Police to form a three-member SIT to probe Nilesh Adivasi's death.

The bench referred to "two different and contradictory versions", emanating from the close family members, with respect to the cause of the death of Adivasi.

"Be that as it may, the facts and circumstances of the case undoubtedly warrant a dispassionate, fair, independent and impartial investigation into the cause of death of Nilesh Adivasi. It seems to us that the local police would not be able to conduct and take the investigation in FIR No... to a logical conclusion," the bench said.

It did not refer the probe to the CBI saying that the hands of the central probe agency "are already full and entrustment of this investigation to the agency might cause inordinate and undesirable delay".

"Any further delay, it goes without saying, will be detrimental to the interests of the victim's family as the pendency of the investigation might lead to destruction of evidence and/or influencing the witnesses, whose version is likely to have a material bearing on the outcome of the investigation," the order said.

The bench said exercised its wide powers under Article 142 of the Constitution and expanded the scope of the proceedings and issued a slew of directions.

"The DGP is directed to constitute a Special Investigation Team (SIT) comprising three police officers. The head of the SIT shall be a direct recruit IPS Officer of the MP cadre, but having no roots in the state of Madhya Pradesh and should be in the rank of Senior Superintendent of Police," it said.

The second member of the SIT shall also be a young IPS officer, who should also not have any roots in Madhya Pradesh, it said, adding, "The third member of the SIT may preferably be a woman police officer not below the rank of Deputy Superintendent of Police." The bench asked the DGP to constitute the SIT within two days and the SIT was directed to take over the complete record of the case and all other connected FIRs in their custody and immediately commence the investigation.

"In the light of different versions which have emerged on the record of this case, or in a case that might have been registered or may get registered in the future in relation to the incident in question, we direct that, as an interim measure, the arrest of the petitioner (Rajput) shall remain stayed, subject to his furnishing bail bonds to the satisfaction of the jurisdictional Chief Judicial Magistrate," it directed.

It, however, said if the SIT finds any incriminating material of grave nature hinting towards the involvement of Rajput then "it shall be at liberty to seek leave of this court for his custodial interrogation".

The SIT will immediately ensure that vulnerable witnesses, especially the widow of the deceased, are not influenced by anyone, it said.

"The witness protection principles must be immediately enforced to ensure that Reva Adivasi or any other witness is not influenced by anyone," it said.

As an interim measure, it is directed that no coercive action shall be taken against the brother of the deceased, Neeraj Adivasi, and his family members, so as to enable them to join and cooperate with the investigation as entrusted above, free from all fear and influence.

"We expect that the SIT shall conclude the investigation as early as possible and preferably within a period of one month," it said.

The bench noted the facts of the case and said the unnatural death of Adivasi on July 25, led to registration of an FIR under various provisions at Malthone police station in the state.

"It seems that the allegations made by the wife of the deceased are to the effect that Nilesh Adivasi committed suicide on account of the torture and harassment meted out to him by a former Home Minister of the State and his associates," it noted.

It said the long narration of events made by Reva Adivasi, wife of the deceased, was not necessary to be referred to in the order.

"It suffices to mention that some property documents were allegedly executed through deception, and then a complaint has been filed by and against the deceased," it said.

"The wife of the deceased filed her first complaint on July 27, seeking registration of an FIR against the former Home Minister of the State and his associates, but no cognizance thereof was taken," it noted.

The widow of the deceased then filed a second complaint on August 3, and also approached the high court seeking registration of an FIR and investigation by the CBI to unearth the factors leading to the unnatural death of her husband, it said. PTI SJK MNL ZMN