Supreme Court Warns Madhya Pradesh DGP For Taking Coercive Action In Case Of Failure To Arrest Husband Of BSP MLA For Murdering Congress Leader Devendra Chaurasia

The Supreme Court Bench comprising Justice DY Chandrachud & Justice MR Shah, while recently condemning Madhya Pradesh DGP’s behavior on its failure to arrest BSP MLA’s husband accused of murdering Congress leader Devendra Chaurasia, has observed that an effort is being made to shield the accused from due process of criminal law. 

“We find the affidavit of the Director-General of Police to be completely unacceptable. It defies reason as to how an accused who is the spouse of a sitting Member of the Legislative Assembly has not been arrested despite being arraigned in pursuance of the provisions of Section 319 of the Code of Criminal Procedure 1973 to face trial for an offense under Section 302 of the Indian Penal Code 1860. An effort is being made to shield the accused from the due process of criminal law. The Court was informed that earlier, the accused was even given security by the police though Counsel states for the State that it is now withdrawn.” the order said. 

The Bench was hearing the plea against the order passed by Madhya Pradesh High Court dated 23-07-2019 in IA No. 6837/2019 & IA No. 5781/2019 by which the applications for cancellation of bail filed by Somesh Chaurasia & the State of Madhya Pradesh on the basis that after granting suspension of sentence, Govind Singh, husband of BSP MLA while on bail committed murder of Congress leader Devender Chaurasia in District Damoh. In the application for cancellation of bail moved by the State of Madhya Pradesh, it was also submitted that there were two other convictions on the charge of murder on Govind Singh & there was a similarity as both the victims belonged to the same family. 

The Madhya Pradesh High Court vide order dated 23.07.2019 while declining the application for cancellation of bail, had observed that, 

“After hearing learned Counsel for the parties, we are of the considered opinion that I.A.No.6837/2019 & I.A.No.5781/2019 can be disposed of as per the statement made at the bar by Shri Ajay Gupta, Additional Advocate General for the State that the State Government is further investigating the issue on an application filed on behalf of appellant Govind Singh among other things stating that he has been falsely implicated. We, therefore, direct that the investigation may be completed as far as possible within three months but not later than 90 days. On completion of the investigation, if the appellant is found involved in the commission of the crime, he is immediately taken into custody, and the procedure as prescribed be followed. It is also observed that neither appellant Govind Singh shall threaten nor influence the witnesses and the complainant side”

Thereafter, the Supreme Court issued notice on November 18, 2020, with the liberty to serve the Standing Counsel for the State of Madhya Pradesh. In pursuance of the notice, the Additional Sessions Judge arraigned Govind Singh as an accused but remarked that, 

“The action, in this case, is being taken in compliance with the directions given by Hon. Supreme Court expeditiously. But accused persons are highly influential political persons and have raised false allegations against me and made an application for transfer of case before Hon. District Judge, which was found false, and Hon. The District Judge had dismissed the application with cost and being contemptuous. But like accused persons, now Police Superintendent Damoh had connived with his subordinates and made false and fabricated pressure on me. From the above such acts, it is clear, and I am confident that accused persons with Police Superintendent Damoh had colluded with his subordinates to frame serious charges against me in future or any unpleasant incident can be done with me.”

Vide order dated March 12, 2021, the Bench directed the Madhya Pradesh DG of Police to immediately arrest Govind Singh & ensure compliance by filing a personal affidavit. The DGP was also directed to inquire into the allegations leveled by Govind Singh against the Superintendent of Police Damoh by the Additional Sessions Judge in his order dated February 8, 2021. A notice was also issued to the Superintendent of Police, Damoh, which was returnable on March 26, 2021. 

It also took serious note of how the ASJ Hata, in charge of the criminal case, was harassed by the law enforcement machinery in Damoh.

“We have no reason to disbelieve a judicial officer who has made an impassioned plea that he was being pressurized as a result of his orders under Section 319 of the CrPC. The State, which had moved the High Court for cancellation of the bail granted to the second respondent as an incident of the suspension of sentence on February 3, 2016, has failed to apprehend the second respondent who continues to evade arrest. A warrant of arrest was issued against the second respondent. Mr. Saurabh Mishra, Additional Advocate General, appearing for the State, states that a proclamation has been issued against the second respondent under Section 82 of the CrPC on March 4, 2021, with an award of Rs 10,000. Yet, the second respondent continues to evade arrest. The rule of law must be preserved.”, the Court further noted. 

On February 12, 2021, Counsel on petitioner’s behalf placed an order dated January 8, 2021, passed in pursuance of provisions u/s 319 CrPC,1973 to submit that the second respondent was resisting arrest despite issuance of the warrant of arrest. 

While listing the matter for April 5, 2021, the Court has directed the DGP to take necessary steps to ensure compliance with a previous order, failing which the Court would be constrained to take coercive measures in accordance with the law. The DGP has also been directed to file a further affidavit setting out the date on which and the cause based on which security was granted to the accused; Whether the security continues to be provided as of a date; and If not, the date on which the security was withdrawn.

Case Title: Somesh Chaurasia v. State of Madhya Pradesh| Special Leave Petition (Criminal) Diary No(s) 21783/2020