Supreme Court orders SIT probe into murder of Madhya Pradesh Congress leader's driver

The Supreme Court on Monday directed the constitution of a Special Investigation Team (SIT) to investigate the murder of the driver of a Congress party leader in Madhya Pradesh.

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a petition filed by Rajiya Ali, the wife of the deceased who alleged that the ongoing probe was compromised due to political influence.

She contended that her husband, the driver of a Congress Assembly election candidate in Madhya Pradesh, was murdered by persons linked to a sitting BJP MLA and that the ongoing investigation by the State police was neither fair nor impartial.

The Court after hearing the parties directed the Madhya Pradesh DGP to constitute a five-member SIT headed by an IPS officer from outside the State cadre to investigate the case afresh.

"Petitioner alleges that due to alleged political influence, there was no fair investigation of the matter. Having regard to the nature of allegations, it seems to us that in the interest of justice and fair play that the subject FIR should be investigated by a team of senior officers," the order said.

Appearing for the State of Uttar Pradesh, Additional Solicitor General SV Raju opposed the plea and submitted that the investigation has been conducted fairly, independently and impartially and was nearing completion.

However, the Court recorded that, during the hearing, it was pointed out that there were four eyewitnesses besides the complainant and that their version was not recorded by the investigating agency. It also noted the submission that these witnesses had furnished affidavits to the investigating authorities.

Hence, it proceeded to constitute an SIT to probe the matter.

The Court directed the Director General of Police, Madhya Pradesh, to constitute an SIT comprising three IPS officers of the rank of Senior Superintendent of Police and two officers not below the rank of Deputy Superintendent of Police. It directed that all members of the SIT should be from outside the police jurisdiction of Chhatarpur district.

It also directed that the officer heading the SIT shall be an IPS officer serving in Madhya Pradesh but belonging to a State other than Madhya Pradesh.

The Bench ordered that the SIT be constituted within two days and take over the entire record from the existing investigating agency.

The Court further directed that the affidavits and statements of the eyewitnesses be duly recorded and taken into consideration before the SIT submits its report before the competent court.

"The SIT shall proceed afresh in accordance with law. It is afresh in the sense that the SIT will decide the course (of the investigation). The matter shall be probed uninfluenced," the Court directed.

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