Supreme Court pulls up CBI on failure to arrest accused policemen in custodial death case

New Delhi: The Supreme Court on Tuesday came down heavily upon the CBI for its failure to arrest two police officers allegedly responsible for the custodial death of a 24-year-old, Deva Pardhi in 2024 in Madhya Pradesh.

A bench of Justices B V Nagarathna and R Mahadevan pulled up the CBI for saying it was unable to arrest the police officer despite the order passed by the apex court.

"What is the use of the order? Why is the central agency pleading helplessness," the bench asked.

The court said it is not willing to entertain excuses: the accused are absconding and they are untraceable, and asked the central agency to stop pleading helplessness.

The court was hearing a contempt petition filed by the mother of the deceased, alleging breach of an order passed in May this year, directing the arrest of police officers responsible for the incident within one month.

Regarding the safety of the deceased's uncle, who was in judicial custody, the bench said, “We will not spare you if anything untoward happens to Gangaram Pardhi and there is a second custodial event. Please inform the prison officials supervising his judicial custody….”.

The court said that there cannot be a second custodial death; otherwise, it will take it seriously.

The CBI’s counsel submitted that police officers have been declared proclaimed offenders and applications have been filed for attachment of their property. The agency also clarified that police officers were absconding long before the CBI took over the case.

The petitioner’s counsel contended that the police filed multiple cases against the deceased’s uncle just to keep him in custody and intimidate him.

The bench was informed that one of the police officers has filed an anticipatory bail application in Gwalior, but has not been arrested so far.

After hearing submissions, the bench directed the CBI to file a status report regarding the steps taken to trace and arrest the two police officers. The bench hinted that if police officers were arrested within two days, then the contempt proceedings may not continue. The court fixed the matter for further hearing on September 25.

In May, the apex court allowed the appeal filed by Hansura Bai and Shalini Pardhi, mother and aunt of Deva, assailing the judgment in December, 2024, passed by the High Court, which had turned down their plea for transferring the investigation into the custodial death to some other investigating agency, and also directed the release of the sole eye-witness to the custodial torture, Gangaram Pardhi on bail.

A 24-year-old Deva Pardhi, along with his uncle, was forcibly taken by police officials from his wedding ceremony on July 14, 2024, claiming they were involved in a theft case. His uncle, Gangaram Pardhi, the sole eyewitness, said Deva faced incessant custodial torture in a police station, resulting into the death. The apex court entrusted the probe to the CBI.