The Supreme Court sought an explanation for the delay in arresting two policemen involved in the alleged custodial death. File
| Photo Credit: The Hindu
The Supreme Court on Wednesday (October 8, 2025) pulled up the Central Bureau of Investigation (CBI) and the Madhya Pradesh government for the inordinate delay in arresting two police officers accused in the alleged custodial death of 25-year-old Deva Pardhi, even as the agency informed the court that both officers had finally been taken into custody.A Bench of Justices B.V. Nagarathna and R. Mahadevan observed that the arrests were effected only after repeated admonitions from the court and the issuance of a contempt warning. “We find that the arrest has been made due to the stringent and strong remarks of this court. The fact remains that there has been non-compliance with the order dated May 15, 2025, and it is only pursuant to the contempt petition and the observations made by this court that the arrest has taken place,” the Bench recorded in its order.The court directed both the CBI and the State government to file written explanations detailing the reasons for the delay in implementing its May 15 order, which had required that the two officers be arrested within a month of the case being transferred to the CBI. The matter will next be heard on November 6, when the court will consider their affidavits.Appearing for the CBI, Additional Solicitor-General Rajkumar Bhaskar Thakare informed the Bench that the agency had arrested the two accused officers, Inspectors Uttam Singh Kushwaha and Sanjiv Singh Mawai. He submitted that the former was arrested on September 27 in Indore, while the latter was taken into custody on October 5 from Shivpuri.‘Give explanation’Even as it took note of the arrests, the Bench voiced sharp disapproval of the prolonged delay in executing its order. “Why couldn’t you arrest them all these days? This is not how a Supreme Court order is to be complied with. Because we said we would ask the Chief Secretary to be present today, you have acted. You explain why this happened. We are not going to close the matter,” Justice Nagarathna told the CBI counsel.Justice Mahadevan also sought to know what departmental action had been initiated against the two officers. On the previous date of hearing, the court had expressed displeasure that the duo was suspended from service only on September 24, even though they had been absconding for over five months. He noted that the accused officers had “even filed for anticipatory bail despite this court’s clear order that they should be arrested,” and said there must be “concrete action” against them.Accordingly, the court asked the State to apprise it on the next date of hearing of the departmental measures taken against the two officials.During the proceedings, advocate Payoshi Roy, appearing for the petitioner, informed the Bench that the sole eyewitness in the case, the victim’s uncle, Gangaram Pardhi, had been denied basic communication rights. “We moved the jail authorities seeking permission for him to make phone calls to his family. The response was that only if there is a court order, permission will be granted,” she said.Ms. Roy further submitted that following the custodial death, ten FIRs were filed against Mr. Pardhi, and that he has since been arrested in seven of them, allegedly to pressure him into withdrawing the contempt plea.Justice Nagarathna observed with marked disapproval, “They (accused officers) can apply for bail, but why should there be a need for a court order to allow a phone call? This is the attitude!” The Bench accordingly directed the authorities to ensure that the witness is permitted to communicate with his family members.The deceased had been taken into custody along with his uncle in July 2024 in connection with a theft case. While the police claimed that he had died of a heart attack, his mother alleged that he had been tortured to death. On May 15, the Supreme Court transferred the investigation to the CBI after finding that the State police had colluded with the accused. Published - October 08, 2025 12:23 pm IST
