If they were private persons, they'd be arrested in 15 days: Supreme Court on absconding cops in custodial death case

The Supreme Court on Friday once again hauled up the Madhya Pradesh government and the Central Bureau of Investigation (CBI) for failing to arrest two police officers accused in the custodial death of a 25-year-old tribal youth [Hansura Bai & Another v. State of Madhya Pradesh & Ors].

A Bench of Justices BV Nagarathna and R Mahadevan said that the law cannot work differently for those in uniform and told the State that its inaction showed favouritism towards its own officers.

“If they were private persons they would have been arrested within 15 days. Because they are inspectors, you are finding it difficult to arrest them. That’s the point,” Justice Nagarathna said.

The Court was hearing a contempt petition filed by the victim’s mother, who alleged wilful disobedience of the Supreme Court’s May 15 order directing the immediate arrest of the accused officers. Despite the Court’s directions, the accused remain at large more than four months later.

Yesterday, the Bench had strongly criticised the State for continuing to pay salaries to the absconding inspectors and for delaying their suspension. It had also raised concerns over the safety of the sole eyewitness, the deceased’s uncle, who is in judicial custody.

Today, the State informed the Court that the officers had now been suspended and their salaries stopped. But this did not satisfy the Bench. Justice Nagarathna said that the State could not ignore the Court’s mandate.

“We want the majesty of this Court to be upheld. The State government cannot ignore the directions for arrest,” she said.

Counsel for Madhya Pradesh argued that the officers had been absconding and that the CBI was also struggling to trace them.

Justice Mahadevan was unimpressed.

“From 15th April you are not able to trace him? And he filed anticipatory bail in August? We will direct the CBI chief to appear and proceed with contempt,” he said.

Advocate Payoshi Roy, appearing for the petitioner, submitted that the State itself had admitted in April that the accused were still on duty.

“Their own standing counsel and ASG submitted a status report that these police officers were serving officers on line duty. This was their statement on 29th April. This was the apathy shown by the State. Are they trying to arrest them or are they giving them time to abscond?” Roy said.

Justice Nagarathna noted that the officers had even filed anticipatory bail applications in Gwalior and Indore, raising serious questions about who was protecting them. The Bench then warned that contempt proceedings may follow if the arrests were not made.

“Terminate both the officers. Then they will surface. When this Court has asked to arrest, they went and asked for anticipatory bail. That itself is aggravated contempt,” Justice Nagarathna said.

Finally, the Bench gave the State and the CBI one last opportunity, directing them to comply with the May order and file an affidavit by October 7.

“By 7th October file an affidavit that you have arrested. If you have not arrested then we will ask SN Mishra, Additional Chief Secretary, to be present before the Court. Should we call the DGP?” Justice Nagarathna asked.

The State urged that summoning the DGP was unnecessary, but Justice Mahadevan made it clear that if there was no compliance, senior officials would be held responsible.

The Bench also reiterated concerns over the safety of the eyewitness. It directed that medical aid be provided to him and that the family may approach officials for regular contact with him.

Concluding the hearing, Justice Nagarathna warned the State once more:

“Today you are getting away because of the ensuing vacations. We will give you time. Evading arrest means disobedience of the order of this Court. Keep this in mind."

The Court will next hear the matter on October 8 if compliance is not filed by October 7.

The case stems from the custodial death of Deva Pardhi in July 2024. He was allegedly tortured to death by police officials at Myana Police Station in Madhya Pradesh. His uncle, the sole eyewitness, was also brutally assaulted and implicated in multiple cases to undermine his testimony.

In May this year, the Supreme Court found the local probe tainted, transferred the case to the CBI, and ordered the arrest of the accused within a month. With no progress in over four months, the victim’s family turned to the Court again.

[Read Live Coverage]