Custodial Death| Supreme Court warns of contempt action over no arrest of erring officers

The Supreme Court on Friday (September 26) warned the Madhya Pradesh government and the CBI of contempt action for not complying with its order in relation to two police officials who were absconding after being accused in a custodial death case.

Noting "no progress" in compliance with its earlier orders, the top court said it would frame contempt charges against the authorities concerned. "We know how to get the things complied. If not complied with, the consequence under the contempt petition will follow. We will frame charges and consequences will follow under the Contempt of Courts Act," a bench of Justices BV Nagarathna and R Mahadevan said.

"In view of the ensuing Court vacation, we direct that the respondent (s) ensure the compliance of the directions of this Court referred to above and file an affidavit regarding compliance on or before 07.10.2025 by serving a copy of the affidavit on the learned counsel for the petitioner. In case, there is compliance, list this matter on 08.10.2025 at 10.30 a.m. In the event, there is no compliance of the said direction, then on 08.10.2025, respondent no.1 and Shri Prashant Kumar, presently the I.O. shall be present before this Court. It is needless to observe that respondent no.1 as well as the Director General of Police of the State of Madhya Pradesh shall provide all relevant information to respondent no.3 herein for taking steps to comply with the directions of this Court", the order reads.

A contempt plea has been filed before the Supreme Court of India by the mother of the 24-year-old victim alleging non-compliance of the top court's May 15 order.

Court was told by ASG Rajkumar Bhaskar Thakare, appearing for CBI that it had been unable to comply with the directions issued by the Supreme Court insofar as arrest of the persons responsible for the custodial death of Deva Pardhi is concerned owing to the fact that the Inspectors, Sanjeet Singh Mawai and Uttam Singh Kushwaha are both absconding and steps are being taken to trace them and arrest them. It was further submitted that three other officials namely, Devaraj, Zuber Khan and Gajaraj (private person) have been arrested.

On Friday, the investigating officer told the bench that he had arrested a police official who was allegedly involved in custodial torture as revealed by the eye-witness.

"Who is responsible for the custodial death, arrest those people," a miffed bench went on to ask. It further questioned as to why when the investigating officer had arrested one accused in the case, the others could not be arrested.

Notably, the petitioner counsel alleged that the efforts to trace the accused were not genuine, and they were merely giving them time to escape.

In the instant case, the supreme court had noted in its judgment from May 15, 2025 that deceased Deva Pardhi and the eye-witness Gangaram Pardhi were threatened and were subjected to intense third degree treatment including beating by ropes, putting chilly powder, petrol, salt and hot water on their bodies. Deva Pardhi was strung up by ropes and was hung upside down from the roof. His face was covered with a black cloth which was tied to his ankle using a string. He was repeatedly doused with water in an attempt to suffocate him. Deva Pardhi was tortured in this manner for about three hours whereafter the rope was cut. Resultantly, Deva Pardhi fell from the roof onto the floor. Still, the police officials did not relent and continued to torture him. Hot water was thrown and salt was put on the wounds of Deva Pardhi who stopped responding to the torture stimuli upon which, the police officers pinched him. As no response was seen, the police officers took Deva Pardhi to another room. Later, an ambulance was called, and the police officials took Deva Pardhi to the hospital where he was declared dead.

Accordingly, the top court had directed jurisdictional Superintendent of Police, CBI to register case and ensure fair, transparent and expeditious investigation into the custodial death of Deva Pardhi.

Case Title: HANSURA BAI & ANR. vs. THE STATE OF MADHYA PRADESH & ANR.