Custodial death: Supreme Court seeks explanation from CBI, Madhya Pradesh govt over delay in arresting policemen

New Delhi: The Supreme Court on Wednesday sought an explanation from the CBI and the Madhya Pradesh government over delay in arresting two policemen involved in the alleged custodial death of a 24-year-old man.

A bench of Justices BV Nagarathna and R Mahadevan passed the order after the CBI informed it that both absconding officers have been arrested.

The top court noted that the officers were not arrested despite the May 15 order and the state government swung into action only pursuant to the filing of the contempt petition and the observations made by it.

"What happened all these days? Why you couldn't trace them? We have to almost frame contempt charges for you to act. This is not how Supreme Court order should be applied. There was a three-judge bench order to arrest.

"What departmental action against the two officers? They filed for anticipatory bail despite this court's order that they should be arrested? the bench observed.

During the hearing, Additional Solicitor General Raja Thakare, appearing for the CBI, informed the court that it has complied with its order and both of them have been arrested.

"While Uttam Singh was arrested in Indore on September 27, Sanjeev Singh was taken into custody in Shivpuri on October 5. They are presently lodged at Indore jail.

The bench also directed the state government to inform what departmental action that has been taken against the two officers.

The matter has now been posted for hearing on November 6.

The top court was hearing a contempt plea of the mother of the victim alleging non-compliance of the top court's May 15 order.

On May 15, the apex court had castigated the Madhya Pradesh government for not taking action against policemen involved in the alleged custodial death and transferred the probe to the Central Bureau of Investigation (CBI).

The apex court then castigated the Madhya Pradesh government for not taking action against policemen involved in the alleged custodial death, and transferred the probe to the CBI.

The incumbent investigating officer had said he took over the case on June 30 and on July 2, he arrested a police official who was allegedly involved in custodial torture as revealed by the eye-witness.

While hearing the matter on September 25, the bench slammed the Madhya Pradesh government and the CBI for the delay in suspending the two absconding police officials and warned of contempt action.

It said the police officials were absconding since April but were not suspended.

The CBI's counsel had informed the apex court that the two officers were suspended on October 1.

The bench had earlier chided the CBI for not arresting the absconding police officials.